Bank of New York v. Foamex International Inc. (In Re Foamex International Inc.)

MEMORANDUM OPINION

JOSEPH J. FAENAN, JR., District Judge.

Pending before the Court is an appeal from the March 23, 2007 Order Denying The Request Of -The Bank Of New York, As Indenture Trustee, To Compel The Reorganized Debtors To Pay Post-Maturity Compound Interest On The 2005 Notes (the “Order”) issued by the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”). For the reasons discussed, the Court will reverse the Bankruptcy Court’s Order.

I. THE PARTIES’ CONTENTIONS

By its appeal, Appellant, The Bank of New York (“BNY”) contends that the Bankruptcy Court erred…