Legal Opinion
In Re Best Repair Company, Inc. v. United States
Court of Appeals for the Fourth Circuit
Decided May 8, 1986No. 85-1907PublishedCited by 29 opinions
1Opinion of the Court
HARRISON L. WINTER, Chief Judge:
The government appeals from the judgment of the district court denying it post-petition interest on its tax lien against property of the bankrupt debtor, Best Repair Company, Inc. The district court ruled that § 506(b) of the Bankruptcy Code (11 U.S.C.) prohibits the recovery of post-petition interest on nonconsensual claims such as tax liens. Convinced that the plain terms of § 506(b) require a contrary result, we reverse.
I
On July 23,1983, the debtor, Best Repair Company, Inc., filed for reorganization under Chapter 11 of the Bankruptcy Code. The government…
2Cases cited5 opinions
- City of New York v. SaperSupreme Court of the United States · 1949
- United States v. J. Allen Harrington, Trustee, in the Matter of G. N. Childress, Dba Childress Transportation Company, BankruptCourt of Appeals for the Fourth Circuit · 1959
- In Re ColegroveCourt of Appeals for the Sixth Circuit · 1985
- Hoffman v. Internal Revenue Service (In Re Hoffman)United States Bankruptcy Court, D. Maryland · 1983
- In Re MorrisseyUnited States Bankruptcy Court, E.D. Virginia · 1984
3Cited by29 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- MACK FINANCIAL CORPORATION, Appellee, v. Dianna Marshall IRESON, Virginia Bankers Associations, Appellant. Amicus CuriaeCourt of Appeals for the Fourth Circuit · 1986
- In Re Parr Meadows Racing Ass'n, Inc.District Court, E.D. New York · 1988
- In Re BusoneUnited States Bankruptcy Court, E.D. New York · 1987
- In Re Newbury Cafe, Inc., D/B/A 29 Newbury, Debtor. Commonwealth of Massachusetts v. Newbury Cafe, Inc.Court of Appeals for the First Circuit · 1988
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