- 11 U.S.C.
Hertz Corp., In re--Wells Fargo Bank, N.A. v. Hertz Corp.
Sep
10
2024
Ruling
Bankruptcy court correctly disallowed claim for unmatured interest as it was either definitionally interest or its economic equivalent. (3d Cir.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Unmatured Interest.
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Court
:
( Judge Ambro ) [ Circuit Court ]
- 11 U.S.C.
Hertz Corp., In re--Wells Fargo Bank, N.A. v. Hertz Corp.
Oct
25
2023
Ruling
Noteholders' claims based on interest coupons owed through the redemption date, the redemption fee, and a present value discount denied as they were for either interest or its economic equivalent. (3d Cir.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Unmatured Interest.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Hicks, In re
Aug
31
2023
Ruling
City's objection to the Chapter 7 trustee's use of its post-petition interest rate as the "legal rate"of interest on its claim was sustained as the debtor was solvent. (Bankr. N.D. Ill.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Unmatured Interest.
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Court
:
- 11 U.S.C.
Ultra Petroleum Corp., In re
Oct
26
2020
Ruling
Court allowed a contractual claim for make-whole liquidated damages where the underlyinginterest bearing note was prepaid. (Bankr. S.D. Tex.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Unmatured Interest.
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Court
:
- 11 U.S.C.
Hartley, In re
Aug
20
2018
Ruling
Unsecured creditors were not entitled to recover postpetition and unmatured interest. (Bankr. D. Neb.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Unmatured Interest.
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Court
:
- 11 U.S.C.
Richer v. Morehead (In re Richer)
Jan
09
2014
Ruling
Portion of claim based on demand note allowed but portion consisting of prepetition interest disallowed.
Issue(s)
Was creditor entitled to unsecured claim based on note, including postpetition interest.
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Court
:
- 11 U.S.C.
Ground Improvement Techniques Inc. v. Plan Comm. (In re Washington Group Intl Inc.)
Sep
29
2011
Ruling
Section 502(b)(2) did not prevent collection of postpetition interest from non-debtor third party.
Procedural posture
Appellant creditor challenged a decision of the United States Bankruptcy Court for the District of Nevada, which held that 11 U.S.C.S. § 502(b)(2) prevented the creditor from collecting post-petition interest from a non-debtor.
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Court
:
- 11 U.S.C.
In re Trico Marine Servs. Inc.
Apr
15
2011
Ruling
Make-whole premium asserted by indenture trustee was an allowable secured claim.
Procedural posture
Before the court was debtors' Motion to determine the validity and priority of a certain make-whole premium (the "Make-Whole Premium") asserted by an Indenture Trustee. Pursuant to an order of the court approving the sale of certain assets, the Indenture Trustee sought full and immediate payment of the Make-Whole Premium out of sale proceeds currently held in escrow. Debtors contested the Indenture Trustee's entitlement to such payment.
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Court
:
- 11 U.S.C.
In re Tender Loving Care Health Servs.
Dec
31
2009
Ruling
Creditor's attorneys' fees for appeal of allowance of unsecured claim denied.
Procedural posture
Movant creditor requested payment of his attorneys fees incurred in connection with efforts to collect an allowed unsecured claim, which included an appeal to the United States Court of Appeals for the Second Circuit, and for prejudgment and postjudgment interest on the allowed claim.
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Court
:
- 11 U.S.C.
National Energy & Gas Transmission Inc. v. Liberty Elec. Power LLC (In re National Energy & Gas Transmission Inc.)
Jul
10
2007
Ruling
Debt was not reduced by payments received from guarantor but was capped at amount due under original agreement on petition date.
Procedural posture
In appellant debtors'chapter 11 proceeding, appellee creditor was paid the full amount due under the parties'electricity tolling agreement. The creditor allocated the amount first to interest, then to principal, continuing to assert a claim against the debtors for the full amount. The Bankruptcy Court for the District of Maryland allowed the claim, and the district court affirmed. One debtor appealed.
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