Legal Opinion
In Re Consolidated Properties Ltd. Partnership
United States Bankruptcy Court, D. Maryland
Decided March 16, 1993No. 19-11547PublishedCited by 38 opinions
1Opinion of the Court
MEMORANDUM OPINION ON MOTION TO VALUE SECURED CLAIM
E. STEPHEN DERBY, Bankruptcy Judge.
I. Statement of the Issues.
The significant issue raised in this matter is whether there is a limit on the amount of contractual late charges and default interest that should be recognized in an overse-cured creditor’s claim in a Chapter 11 case, to the detriment of junior creditors.
Consolidated Properties Limited Partnership, the Debtor, is the owner of property known as the Dale City Office Park in Prince William County, Virginia. In a motion to lift stay that has been resolved on other grounds, Citibank,…
2Cases cited21 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
16 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- In the Matter of TERRY LIMITED PARTNERSHIP, Debtor. Appeal of INVEX HOLDINGS, N.V.Court of Appeals for the Seventh Circuit · 1994
- Southland Corp. v. Toronto-Dominion (In Re Southland Corp.)Court of Appeals for the Fifth Circuit · 1998
- Metlife Capital Financial Corp. v. Washington Avenue Associates L.P.Supreme Court of New Jersey · 1999
- In Re Vest AssociatesUnited States Bankruptcy Court, S.D. New York · 1998
- Fischer Enterprises, Inc. v. Geremia (In Re Kalian)United States Bankruptcy Court, D. Rhode Island · 1995
33 more not listed; retrieve them via the Exa API.