In re Lykes Bros. S.S. Co.
Jan
16
2009
Ruling
Sovereign immunity with respect to interest portion of distribution order was waived when U.S. did not timely move for relief.
Procedural posture
The plan distribution trustee for the chapter 11 debtor moved to compel the United States to comply with a bankruptcy court order directing the United States to pay the plan distribution trustee a certain sum, which included a sum attributable to interest. The United States opposed the motion and moved for relief from the distribution order pursuant to Fed. R. Civ. P. 60(b)(4) and (5).
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Court
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