Legal Opinion
In Re Kingsboro Mortgage Corp. Bankers Life Co. v. Manufacturers Hanover Trust Co. And Howard F. Sunshine, Trustee in Bankruptcy
Court of Appeals for the Second Circuit
Decided April 3, 1975No. 516, Docket 74-2177PublishedCited by 28 opinions
1Per curiam
We agree with the United States District Court for the Southern District of New York, John M. Cannella, Judge, reversing the decision of Bankruptcy Judge Edward J. Ryan, that under the subordination agreement here in question, the senior creditors are not entitled to be paid interest accruing after the date of bankruptcy through the date of payment of principal. Interest stops running against the bankrupt on the date of bankruptcy, § 63(a)(1) of the Bankruptcy Act, 11 U.S.C. § 103(a)(1), because any delay thereafter is by law for the preservation of the estate. Van-ston Bondholders Protective…
2Cases cited8 opinions
- Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
- Sexton v. DreyfusSupreme Court of the United States · 1911
- City of New York v. SaperSupreme Court of the United States · 1949
- In re Credit Industrial Corp.Court of Appeals for the Second Circuit · 1966
- In the Matter of Time Sales Finance Corporation and Its Wholly Owned Subsidiary Corporations, Debtors. Appeal of Central Penn National BankCourt of Appeals for the Third Circuit · 1974
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- HSBC Bank USA v. Bank of New EnglandCourt of Appeals for the First Circuit · 2004
- In Re Coram Healthcare Corp.United States Bankruptcy Court, D. Delaware · 2004
- In Re Washington Mutual, Inc.United States Bankruptcy Court, D. Delaware · 2011
- First Fidelity Bank, National Ass'n v. Midlantic National Bank (In Re Ionosphere Clubs, Inc.)United States Bankruptcy Court, S.D. New York · 1991
- Chemical Bank v. First Trust of New York, Nat'l. Ass'n (In Re Southeast Banking Corp.)United States Bankruptcy Court, S.D. Florida. · 1995
23 more not listed; retrieve them via the Exa API.