Legal Opinion
Lend Lease v. Briggs Transportation Co.
Court of Appeals for the Eighth Circuit
Decided December 26, 1985No. Nos. 84-5196, 84-5197PublishedCited by 21 opinions
1Opinion of the Court
LAY, Chief Judge.
Briggs Transportation Company (Briggs), the debtor in this bankruptcy action, appeals from an order of the district court1 reversing the bankruptcy court.2 The issue before us is whether the concept of “adequate protection” found in 11 U.S.C. §§ 361 and 362 (West Supp.1985) entitles undersecured creditors as a matter of law to interest payments from a debtor to compensate the creditors for lost opportunity costs due to the delay in reinvesting the collateral’s liquidated value caused by an automatic stay. We reverse, holding that such interest payments are permissible but not…
2Cases cited44 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
- Continental Illinois National Bank & Trust Co. v. Chicago, Rock Island & Pacific Ry. Co.Supreme Court of the United States · 1935
- Bank of Marin v. EnglandSupreme Court of the United States · 1966
- In Re American Mariner Industries, Inc., Debtor. Crocker National Bank v. American Mariner Industries, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1984
39 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- In Re Timbers Of Inwood Forest Associates, Ltd.Court of Appeals for the Fifth Circuit · 1987
- In Re Briggs Transportation Company, Debtor. Lend Lease, a Division of National Car Rental Systems, Inc. v. Briggs Transportation Company, in Re Briggs Transportation Company, Debtor. General Motors Acceptance Corporation v. Briggs Transportation CompanyCourt of Appeals for the Eighth Circuit · 1986
- In Re FoertschUnited States Bankruptcy Court, D. North Dakota · 1994
- In Re W.S. Sheppley & Co.United States Bankruptcy Court, N.D. Iowa · 1986
16 more not listed; retrieve them via the Exa API.