Casa Blanca Project Lenders, L.P. v. City Commerce Bank (In Re Casa Blanca Project Lenders, L.P.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
VOLINN, Bankruptcy Judge:
OVERVIEW
The Chapter 11 debtor appeals an order granting an over-secured creditor default interest where the creditor received full payment of its principal, interest at the pre-default rate, costs and attorneys’ fees. The trial court awarded the creditor the higher interest rate because the collateral was sold pursuant to § 363 of the Bankruptcy Code rather than in the context of a plan of reorganization.2 We reverse and remand.
FACTUAL BACKGROUND AND PROCEEDINGS
The debtor, along with a consortium of lenders, held a second position deed of trust on certain real…
2Cases cited21 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Butner v. United StatesSupreme Court of the United States · 1979
- Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
- In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim TrusteeCourt of Appeals for the Second Circuit · 1982
- In Re James E. Johnston, Dba Johnston Enterprises, Debtor. Steelcase Inc. v. James E. Johnston and Unsecured Creditors' CommitteeCourt of Appeals for the Ninth Circuit · 1994
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3Cited by23 opinions
- Southland Corp. v. Toronto-Dominion (In Re Southland Corp.)Court of Appeals for the Fifth Circuit · 1998
- In Re Vest AssociatesUnited States Bankruptcy Court, S.D. New York · 1998
- Official Committee of Unsecured Creditors v. Dow Corning Corp. (In Re Dow Corning Corp.)Court of Appeals for the Sixth Circuit · 2006
- Hassen Imports Partnership v. KWP Financial VI (In Re Hassen Imports Partnership)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
- Citybank v. Udhus (In Re Udhus)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
18 more not listed; retrieve them via the Exa API.