Legal Opinion

M & I Thunderbird Bank v. Birmingham (In Re Consolidated Water Utilities, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided January 9, 1998No. BAP No. AZ-96-1417-MERBO, Bankruptcy No. 93-06643-PHX-GBNPublishedCited by 11 opinions

1Opinion of the Court

OPINION

MEYERS, Bankruptcy Judge.

I

The sale of the debtor’s assets pursuant to its Chapter 11 liquidating plan proved more successful than expected, resulting in a solvent estate. The appellant, an unsecured creditor, argues that the bankruptcy court erred in denying it postpetition interest on its claim.

We AFFIRM.

II

FACTS

Consolidated Water Utilities, Inc. (“Debt- or”) filed a Chapter 11 bankruptcy petition on June 30, 1993. Both the Debtor and creditor Jaco Oil Company (“Jaco”) proposed plans of reorganization. Unsecured creditor M & I Thunderbird Bank (“Appellant”) voted in favor of Jaco’s…

2Cases cited9 opinions

  1. Monarch Life Insurance v. Ropes & GrayCourt of Appeals for the First Circuit · 1995
  2. Heritage Hotel Ltd. Partnership I v. Valley Bank of Nevada (In Re Heritage Hotel Partnership I)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
  3. Clark v. Yosemite Community College DistrictCourt of Appeals for the Ninth Circuit · 1986
  4. Bell Road Investment Co. v. M. Long Arabians (In Re M. Long Arabians)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
  5. In Re Kentucky Lumber CompanyCourt of Appeals for the Sixth Circuit · 1988

4 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. In Re Manchester Gas Storage, Inc.United States Bankruptcy Court, N.D. Oklahoma · 2004
  2. In Re Pioneer Finance Corp.United States Bankruptcy Court, D. Nevada · 2000
  3. Ground Improvement Techniques, Inc. v. Plan Committee (In Re Washington Group International, Inc.)District Court, D. Nevada · 2011
  4. In Re OgleUnited States Bankruptcy Court, D. Idaho · 2001
  5. Hathaway v. Raytheon Engineers & Constructors, Inc.District Court, D. Nevada · 2010

6 more not listed; retrieve them via the Exa API.

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