Skip to main content

§ 726(a)(5)

In re Best

Ruling
Creditor's claim for postpetition interest on state court judgment at rate allowed by state law disallowed to the extent exceeding federal judgment interest rate.
Procedural posture

A chapter 7 trustee filed a motion seeking an order disallowing a creditor's claim to the extent that it asserted a right to postpetition interest calculated at the rate that applied under the state law that governed the claim. At issue was the meaning of the phrase "legal rate" as used in 11 U.S.C. § 726(a)(5) and whether it was the same as the rate under 28 U.S.C. § 1961.

ABI Membership is required to access the full summary of In re Best Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on April 03, 2007 , LexisNexis #0507-028