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The Continuing Evolution of the Basis for Equitable Subordination

In June, the Bankruptcy Court for the Southern District of New York issued a 168-page post-trial opinion determining that it would equitably subordinate the claims of SP Special Opportunities LLC against LightSquared. The court reserved for later determination the amount to be equitably subordinated.

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On June 10, 2014, the Bankruptcy Court for the Southern District of New York issued a 168-page post-trial opinion determining that it would equitably subordinate the claims of SP Special Opportunities LLC (SPSO) against LightSquared. LightSquared LP, et. al. v. SP Special Opportunities LLC, et. al., 511 B.R. 253 (Bankr. S.D. N.Y. 2014). The court reserved for later determination the amount to be equitably subordinated. Id. at 315, 361.

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