Legal Opinion

Empire Partnership v. United States (In Re Growers-Ranchers, Ltd.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 15, 1990No. BAP No. AZ-89-1038 MePeR, Bankruptcy No. B-84-0761-PHX-RGM, Adv. No. 87-492 RGMPublishedCited by 2 opinions

1Opinion of the Court

MEYERS, Bankruptcy Judge:

I

The state director of a federal lending agency represented to a debtor who filed for protection under Chapter 11 of the Bankruptcy Code (“Code”) that no post-petition interest would be charged on loans previously advanced to the debtor. The United States subsequently disputed the authority of the state director to make such a determination. The post-petition interest was thus charged to and collected against the debtor’s successor in interest, prompting this action for its recovery. Following a trial the trial court granted judgment for the plaintiff, upholding the…

2Cases cited12 opinions

  1. Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947
  2. Schweiker v. HansenSupreme Court of the United States · 1981
  3. United States Immigration & Naturalization Service v. HibiSupreme Court of the United States · 1973
  4. United States v. Ruby Company, a Utah CorporationCourt of Appeals for the Ninth Circuit · 1978
  5. In Re Windmill Farms, Inc., Debtor. Vanderpark Properties, Inc. v. David L. Buchbinder, Trustee of Windmill Farms Management Company, Inc.Court of Appeals for the Ninth Circuit · 1988

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3Cited by2 opinions

  1. Collins v. Circle K Corp. (In re Circle K Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  2. In Re Growers-Ranchers, Ltd., Debtor, the Empire Partnership v. United States of America, Farmers Home AdministrationCourt of Appeals for the Ninth Circuit · 1991

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