Legal Opinion
National Energy & Gas Transmission, Inc. v. Liberty Electric Power, LLC (In Re National Energy & Gas Transmission, Inc.)
Court of Appeals for the Fourth Circuit
Decided July 10, 2007No. 06-1459PublishedCited by 15 opinions
1Opinion of the Court
Reversed by published opinion. Judge SHEDD wrote the opinion. Judge WILSON wrote an opinion concurring in the judgment. Judge DUNCAN wrote a dissenting opinion.
OPINION
SHEDD, Circuit Judge.
In this bankruptcy appeal, we must decide whether a creditor may allocate a *299payment made by a non-debtor guarantor first to interest then to principal, thus preserving the unpaid principal for collection in bankruptcy. Because we find that the allocation of a payment in this manner would permit the creditor to collect an amount otherwise disallowed as post-petition interest, we reverse the judgment of the…
2Cases cited12 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
- Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
- Bruning v. United StatesSupreme Court of the United States · 1964
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Nuveen Municipal Trust Ex Rel. Nuveen High Yield Municipal Bond Fund v. WithumSmith Brown, P.C.Court of Appeals for the Third Circuit · 2012
- In Re USA Baby, Inc.Court of Appeals for the Seventh Circuit · 2012
- WELLS FARGO FUNDING v. GoldDistrict Court, E.D. Virginia · 2009
- In re Del BiaggioUnited States Bankruptcy Court, N.D. California · 2012
- Lightfoot v. MXEnergy Electric, Inc. (In Re MBS Management Services, Inc.)United States Bankruptcy Court, E.D. Louisiana · 2010
10 more not listed; retrieve them via the Exa API.