Legal Opinion

In Re Evans

United States Bankruptcy Court, E.D. Pennsylvania

Decided May 24, 1982No. 19-10432PublishedCited by 26 opinions

1Opinion of the Court

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issues at bench are: (1) what rate of interest will give a secured creditor the present value of his secured claim under § 1325(a)(5)(B) of the Bankruptcy Code (“the Code”) and (2) whether the secured creditor is entitled to such interest on that portion of his secured claim which represents interest, late charges, attorney’s fees and the escrow deficit. We conclude that (1) the secured creditor is entitled only to the contract rate of interest on his secured claim and (2) the secured creditor is entitled to such interest on its entire secured…

2Cases cited17 opinions

  1. Haas v. Pittsburgh National BankCourt of Appeals for the Third Circuit · 1975
  2. Matter of CrockettUnited States Bankruptcy Court, N.D. Illinois · 1980
  3. In Re KleinUnited States Bankruptcy Court, E.D. New York · 1981
  4. General Motors Acceptance Corp. v. Lum (In Re Lum)United States Bankruptcy Court, E.D. Tennessee · 1979
  5. Matter of SmithUnited States Bankruptcy Court, E.D. New York · 1980

12 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. In Re FriesUnited States Bankruptcy Court, E.D. Pennsylvania · 1986
  2. In Re FisherUnited States Bankruptcy Court, D. Kansas · 1983
  3. Appeal of Lynnwood G. Capps, Barbara J. Capps, Commonwealth Eastern Mortgage CorporationCourt of Appeals for the Third Circuit · 1987
  4. In Re SmallUnited States Bankruptcy Court, E.D. Pennsylvania · 1986
  5. In Re CatlinUnited States Bankruptcy Court, D. Minnesota · 1987

21 more not listed; retrieve them via the Exa API.

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