Legal Opinion
Chemical Bank v. First Trust of New York, Nat'l Ass'n (In Re Southeast Banking Corp.)
District Court, S.D. Florida
Decided February 28, 1997No. 95-2045-CIVPublishedCited by 10 opinions
1Opinion of the Court
ORDER AFFIRMING FINAL JUDGMENT OF THE BANKRUPTCY COURT
MORENO, District Judge.
This Bankruptcy Appeal involves the effect of 11 U.S.C. § 510(a) on the enforcement of subordination agreements in bankruptcy proceedings. After conducting a de novo review, the Court agrees with the Bankruptcy Court that Section 510(a) does not change the standard bankruptcy practice that post-petition interest and post-petition fees and costs will not be subordinated absent explicit language to that effect in the indenture.
FACTUAL BACKGROUND
A. Southeast’s Bankruptcy
Or September 20, 1991 (the “Petition Date”),…
2Cases cited14 opinions
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- 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
- Green v. Bock Laundry MacHine Co.Supreme Court of the United States · 1989
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Chemical Bank v. First Trust of New York (In Re Southeast Banking Corp.)Court of Appeals for the Eleventh Circuit · 1998
- In Re Marfin Ready Mix Corp.United States Bankruptcy Court, E.D. New York · 1998
- In Re Southeast Banking CorporationCourt of Appeals for the First Circuit · 1998
- In Re: Southeast Banking Corporation, Debtor. Chemical Bank, as Indenture Trustee Under the Indenture, Stated as of March 1, 1983, of Southeast Banking Corporation, and Gabriel Capital, L.P. v. First Trust of New York, National Association, as Indenture Trustee, the Bank of New York, as Indenture Trustee, and Southeast Banking Corporation, DebtorCourt of Appeals for the First Circuit · 1999
- Chemical Bank v. First Trust of New York, National Ass'nCourt of Appeals for the Eleventh Circuit · 1999
5 more not listed; retrieve them via the Exa API.