Legal Opinion
Key Bank National Ass'n v. Milham
Court of Appeals for the Second Circuit
Decided April 10, 1998No. 1336, Docket 97-5056PublishedCited by 10 opinions
1Per curiam
The question presented on this appeal, which is one of first impression in this Circuit, is whether an overseeured creditor is entitled to be paid its contract rate of interest post-confirmation even if the payment of that rate of interest will enable the creditor to receive more than the present value of its claim as of the effective date of the plan. For the reasons that follow, we answer this question in the negative.
BACKGROUND
Ronald and Benedetta Milham filed a petition under Chapter 13 of the Bankruptcy Code on April 24,1996. They were indebted to Key Bank under a retail installment…
2Cases cited11 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
- Rake v. WadeSupreme Court of the United States · 1993
- In Re Delta Resources, Inc., Debtor. Orix Credit Alliance, Inc. v. Delta Resources, Inc.Court of Appeals for the Eleventh Circuit · 1995
- In Re Snider Farms, Inc.United States Bankruptcy Court, N.D. Indiana · 1988
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3Cited by10 opinions
- In Re MilhamCourt of Appeals for the Second Circuit · 1998
- In re South Side House, LLCUnited States Bankruptcy Court, E.D. New York · 2012
- In re Madison 92nd Street Associates LLCUnited States Bankruptcy Court, S.D. New York · 2012
- In re MosheUnited States Bankruptcy Court, E.D. New York · 2017
- In re StringerUnited States Bankruptcy Court, N.D. Mississippi · 2014
5 more not listed; retrieve them via the Exa API.