The matter of the existence of intercompany obligations should not be confused
with what I regard as separate issues: whether intercompany obligations should be avoided;
whether they should be pari passu with other obligations, subordinated to other obligations,
or some other possibility; or whether they should be recharacterized to be deemed to be
contributions of equity and not debt.
Section 362/Section 549 Contentions
'Courts of bankruptcy are essentially courts of equity, and their proceedings inherently are proceedings in equity.'