Legal Opinion

Official Committee of Unsecured Creditors v. UMB Bank, N.A. (In re Residential Capital, LLC)

United States Bankruptcy Court, S.D. New York

Decided November 15, 2013No. Case No. 12-12020 (MG) Jointly Administered; Adversary Proceeding No. 13-01277(MG), Adversary Proceeding No. 13-01343 (MG)PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OPINION, AND FINDINGS OF FACT AND CONCLUSIONS OF LAW, AFTER PHASE I TRIAL

MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE

ResCap and the Creditors’ Committee (the “Plaintiffs”) are co-proponents of a reorganization plan that treats the junior secured noteholders (“JSNs”) as underse-cured, but would pay them the face amount of all principal and prepetition interest ($2.222 billion, less $1.1 billion re*556paid postpetition). The JSNs voted against and oppose confirmation of the plan.

The JSNs contend they are oversecured and entitled to postpetition interest (at the default rate) and fees;…

2Cases cited64 opinions

  1. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  2. United States v. BestfoodsSupreme Court of the United States · 1998
  3. Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
  4. In the Matter of Douglas R. Prince and Jane Prince, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1996
  5. In re Owens CorningCourt of Appeals for the Third Circuit · 2005

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3Cited by16 opinions

  1. In re Sabine Oil & Gas Corp.United States Bankruptcy Court, S.D. New York · 2016
  2. In re ChristensenUnited States Bankruptcy Court, D. Utah · 2016
  3. In re Sabine Oil & Gas Corp.United States Bankruptcy Court, S.D. New York · 2016
  4. In re Residential Capital, LLCUnited States Bankruptcy Court, S.D. New York · 2014
  5. Sklar v. Susquehanna Bank (In re Global Protection USA, Inc.)United States Bankruptcy Court, D. New Jersey · 2016

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