Legal Opinion
In re Robinson
United States Bankruptcy Court, N.D. Georgia
Decided February 22, 2017No. Case No.: 15-51556-JRSPublished
1Opinion of the Court
ORDER
James R. Sacca, U.S. Bankruptcy Court Judge
The issue before the Court is what does “interest at the legal rate” mean under Section 726(a)(5) of the Bankruptcy Code for purposes of a distribution on unsecured claims in a Chapter 7 case if the estate has sufficient assets to pay post-petition interest on those claims. Does the phrase mean interest at the federal judgment rate or does it mean the applicable non-bankruptcy rate on the unsecured claim that existed prepetition?1
*645The leading case interpreting this phrase to mean the federal judgment rate is In re Cardelucci, 285 F.3d 1231 (9th…
2Cases cited24 opinions
- Law v. SiegelSupreme Court of the United States · 2014
- Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
- Till v. SCS Credit Corp.Supreme Court of the United States · 2004
- In Re Samuel Duke Cardelucci, Debtor. Willem Onink, Marsha Onink v. Samuel Duke CardelucciCourt of Appeals for the Ninth Circuit · 2002
- In the Matter of Wayne M. Laymon, Debtor. Theron Bradford, Trustee v. James Crozier, TrusteeCourt of Appeals for the Fifth Circuit · 1992
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