The following excerpt is from Harbinger Capital Partners LLC v. Ergen (In re LightSquared Inc.), Adv. Pro. No. 13-1390 (SCC), Case No. 12-12080 (SCC) (Bankr. S.D.N.Y. 2013):
29. See, e.g., Murgillo v. California State Bd. of Equalization (In re Murgillo), 176 B.R. 524, 532-33 (9th Cir. B.A.P. 1994) (rejecting debtor's attempt to equitably disallow a claim and finding that should the bankruptcy court "make an equitable exception to the general rule of 502(b) [it] would serve to bypass the specific code provision for equitable treatment of an allowed claim -- 510(c). . . . [T]he proper exercise of the bankruptcy court's equitable powers under 502 is through investigation into the existence, validity and enforceability of claims leading to their allowance or disallowance; and the proper exercise of equitable powers regarding allowed claims is through the equitable subordination provisions of 510(c).") (citations omitted).
30. See, e.g., Keppel v. Tiffin Sav. Bank, 197 U.S. 356, 363 (U.S. 1905) ("[C]ourts of bankruptcy are guided by equitable considerations... The fallacy lies in assuming that courts have power to inflict penalties, although the law has not imposed them").
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