Legal Opinion
In Re Pokrzywinski
United States Bankruptcy Court, E.D. Wisconsin
Decided July 21, 2004No. 19-21643PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM DECISION
SUSAN V. KELLEY, Bankruptcy Judge.
The chapter 13 Debtors objected to the interest component in the secured proof of claim filed by Mitsubishi Motors Credit of America, Inc. (“Mitsubishi”). Based on In re Till, 301 F.3d 583 (7th Cir.2002), the Debtors argued that the interest rate payable on the claim should be the contract rate, which in this case happened to be 0%. The Supreme Court has now reversed the Seventh Circuit decision in Till, with a plurality holding that a formula approach, not the presumptive contract rate, should be used to determine chapter 13 cram down…
2Cases cited8 opinions
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
- Till v. SCS Credit Corp.Supreme Court of the United States · 2004
- Green Tree Financial Servicing Corp. v. SmithwickCourt of Appeals for the Fifth Circuit · 1997
- In Re: Lee M. Till and Amy M. Till, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 2002
- In Re ScottUnited States Bankruptcy Court, N.D. Illinois · 2000
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3Cited by5 opinions
- In Re Prussia AssociatesUnited States Bankruptcy Court, E.D. Pennsylvania · 2005
- In Re ErwinUnited States Bankruptcy Court, C.D. Illinois · 2007
- In Re BivensUnited States Bankruptcy Court, N.D. Illinois · 2005
- In Re MartinezUnited States Bankruptcy Court, S.D. New York · 2009
- In Re VelezUnited States Bankruptcy Court, S.D. New York · 2010