Legal Opinion
Matter of Rivera
United States Bankruptcy Court, D. Puerto Rico
Decided April 24, 1990No. 18-06196PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM ON INTEREST AND PRESENT VALUE
HAROLD LAVIEN, Bankruptcy Judge.
This case raises the issue of the confirmability of a plan which seeks to pay unsecured creditors a 100 percent of their claim over time when the debtor’s assets are sufficient to not only pay 100 percent but also interest.
The statutory provisions are 11 U.S.C. §§ 1325(a)(4) and 726(a)(5).
Sec. 1325(a)(4) 1 provides that distribution under the plan on allowed unsecured claims will be of a present value on date of filing for not less than the holders of such claims would receive under Chapter 7 liquidation of debtor’s…
2Cases cited8 opinions
- Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
- In Re FrostDistrict Court, D. Kansas · 1985
- In Re BusmanUnited States Bankruptcy Court, E.D. New York · 1980
- In Re Dorothy C. Hardy, Debtor. Dorothy C. Hardy v. Cinco Federal Credit UnionCourt of Appeals for the Sixth Circuit · 1985
- In Re ZieglerUnited States Bankruptcy Court, S.D. Ohio · 1980
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3Cited by4 opinions
- In Re Dow Corning Corp.United States Bankruptcy Court, E.D. Michigan · 1999
- In Re MelenyzerUnited States Bankruptcy Court, W.D. Texas · 1992
- In Re DixonUnited States Bankruptcy Court, W.D. New York · 1992
- In re: Lana Kay PaggenUnited States Bankruptcy Court, D. Colorado · 2025