Arizona Land Title & Trust Co. v. Rigg
Arizona Land Title & Trust Co. v. Rigg
Opinion of the Court
General Electric contends that its claim is, under the terms of a trust indenture, entitled to the status of “senior indebtedness” to which the claims of debenture holders are subordinated. The District Court held that the compromise agreement between General Electric and the trustee, in relegating General Electric’s claim to the status of “unsecured claim,” forecloses this contention.
In our judgment this was error. “Unsecured claim” could encompass senior indebtedness as well as other indebtedness.
Two issues appear to require attention:
1. Whether it was the intent of the parties that General Electric’s claim (absent its security) should have the same status (as senior indebtedness or not) that it occupied before compromise.
2. If so, what that status was.
Reversed and remanded for further proceedings.
. A compromise agreement may preserve or adjust the priorities of the claimant who obtains the substituted claim. 6A Collier on Bankruptcy, at 220, 262, and 625.
. See § 242, Restatement of the Law of Contracts, and Comment A.
Reference
- Full Case Name
- In the Matter of The LUSK CORPORATION, a Delaware corporation, Debtors. ARIZONA LAND TITLE AND TRUST COMPANY, as Trustee under Trust No. 6736-T, with General Electric Company as Beneficiary v. T. A. RIGG, as Trustee in the reorganization proceedings of The Lusk Corporation
- Cited By
- 1 case
- Status
- Published