Legal Opinion · Concurrence

In Re Inland Gas Corporation, Debtor. In Re Kentucky Fuel Gas Corporation, Debtor. In Re American Fuel & Power Company, Debtor

Court of Appeals for the Sixth Circuit

Decided February 14, 1957No. 12861-12867Published

1Concurrence

MILLER, Circuit Judge.

I concur with the views and ruling of the foregoing opinion except insofar as it expresses the view that post-bankruptcy interest should be allowed to the public holders of bonds and debentures of Kentucky. In that respect I agree with the ruling of the District Judge who was of the view that the proposed plan of reorganization should not be approved because, in addition to the uncertainties resulting from the undetermined tax question, it erroneously provided for the payment of post-bankruptcy interest.

As stated in the opinion, the general rule in bankruptcy and in…

2Cases cited24 opinions

  1. Pepper v. LittonSupreme Court of the United States · 1939
  2. Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
  3. Miller v. Standard Nut Margarine Co. of Fla.Supreme Court of the United States · 1932
  4. Sampsell v. Imperial Paper & Color Corp.Supreme Court of the United States · 1941
  5. Sexton v. DreyfusSupreme Court of the United States · 1911

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