Legal Opinion

In Re Carter

United States Bankruptcy Court, D. New Mexico

Decided May 6, 1998No. 18-01011PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OPINION

MARK B. McFEELEY, Chief Judge.

THIS MATTER is before the Court on Creditor Western Commerce Bank of Carlsbad’s (WCB) Motion for Directed Verdict. The only issue before the Court is whether WCB is entitled to collect interest and attorney fees from the solvent Debtor on its unsecured claim. Having considered the briefs submitted by counsel, reviewed the pleadings and the applicable law, having had a hearing on the merits, and being otherwise fully informed and advised, the Court finds: 1) that the appropriate rate of interest to be applied to WCB’s claim is the contract rate…

2Cases cited23 opinions

  1. Nicholas v. United StatesSupreme Court of the United States · 1966
  2. In the Matter of Wayne M. Laymon, Debtor. Theron Bradford, Trustee v. James Crozier, TrusteeCourt of Appeals for the Fifth Circuit · 1992
  3. Joseph F. Sanson Investment Co. v. 268 LimitedCourt of Appeals for the Ninth Circuit · 1986
  4. In the Matter of Walsh Construction, Inc., Bankrupt. United States of America v. Alaska National Bank of the North and Paul Burlingame, Trustee, in the Matter of Cecilia Ruth Walsh, Gerald Patrick Walsh, D/B/A Beaver Builders, Bankrupts. United States of America v. Alaska National Bank of the North and Paul Burlingame, TrusteeCourt of Appeals for the Ninth Circuit · 1982
  5. In the Matter of TERRY LIMITED PARTNERSHIP, Debtor. Appeal of INVEX HOLDINGS, N.V.Court of Appeals for the Seventh Circuit · 1994

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3Cited by16 opinions

  1. In Re Samuel Duke Cardelucci, Debtor. Willem Onink, Marsha Onink v. Samuel Duke CardelucciCourt of Appeals for the Ninth Circuit · 2002
  2. In re W.R. Grace & Co.District Court, D. Delaware · 2012
  3. In Re Dow Corning Corp.United States Bankruptcy Court, E.D. Michigan · 1999
  4. Official Committee of Unsecured Creditors v. Dow Corning Corp. (In Re Dow Corning Corp.)Court of Appeals for the Sixth Circuit · 2006
  5. In Re New Power Co.United States Bankruptcy Court, N.D. Georgia · 2004

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