Legal Opinion

Official Committee of Unsecured Creditors v. Dow Corning Corp. (In Re Dow Corning Corp.)

Court of Appeals for the Sixth Circuit

Decided July 26, 2006No. 04-1608, 04-1643, 04-1720, 04-1721, 04-1722PublishedCited by 31 opinions

1Opinion of the Court

OPINION

R. GUY COLE, JR., Circuit Judge.

Numerous bankruptcy creditors of Dow Corning Corp., who collectively hold approximately $1 billion in commercial debt, argue that the bankruptcy court erred in only allowing claims for post-petition interest at the non-default contract rate, as identified in their debt contracts, rather than at the contracts’ default rate. Dow Corning argues in a cross-appeal that the bankruptcy court should have ordered the payment of post-petition interest at the non-default variable rate required by the contracts, rather than at a numerically fixed rate as of the date…

2Cases cited61 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  4. TRW Inc. v. AndrewsSupreme Court of the United States · 2001
  5. Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947

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3Cited by31 opinions

  1. Kraus Anderson Capital, Inc. v. Bradley (In re Bradley)Bankruptcy Appellate Panel of the Sixth Circuit · 2014
  2. In Re Trenton Ridge Investors, LLCUnited States Bankruptcy Court, S.D. Ohio · 2011
  3. Summitbridge Nat'l Invs. III, LLC v. FaisonCourt of Appeals for the Fourth Circuit · 2019
  4. Morris v. Zelch (In Re Regional Diagnostics, LLC.)United States Bankruptcy Court, N.D. Ohio · 2007
  5. Premier Entertainment Biloxi LLC v. U.S. Bank National Ass'n (In Re Premier Entertainment Biloxi LLC)United States Bankruptcy Court, S.D. Mississippi · 2010

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