Legal Opinion

In Re Delta Resources, Inc., Debtor. Orix Credit Alliance, Inc. v. Delta Resources, Inc.

Court of Appeals for the Eleventh Circuit

Decided June 14, 1995No. 93-6919PublishedCited by 74 opinions

1Per curiam

Delta Resources, Inc., (“Delta”) appeals the district court’s order requiring payment of postpetition interest as part of the adequate protection it was required to pay as debtor-in-possession to appellee, Orix Credit Alliance Inc. (“Orix”). We reverse.

I. FACTS AND PROCEDURAL BACKGROUND

On November 30, 1992, appellant Delta filed a voluntary petition under Chapter 11 of the Bankruptcy Code, 11 U.S.C. § 101 et seq., in the United States Bankruptcy Court for the Northern District of Alabama. On December 29,1992, appellee Orix, claiming to be an oversecured creditor, moved for relief from the…

2Cases cited15 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  3. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  4. Rake v. WadeSupreme Court of the United States · 1993
  5. United States v. Marvin P. JonesCourt of Appeals for the Eleventh Circuit · 1994

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3Cited by74 opinions

  1. Wyatt v. TerhuneCourt of Appeals for the Ninth Circuit · 2003
  2. Jove Engineering, Inc. v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1996
  3. Eugene Telfair v. First Union Mortgage CorporationCourt of Appeals for the First Circuit · 2000
  4. In The Matter Of T-H New Orleans Limited Partnership, DebtorCourt of Appeals for the Fifth Circuit · 1997
  5. Safety-Kleen, Incorporated (Pinewood), and Toronto Dominion (Texas), Incorporated, as Agent and Advisor for Secured Creditors Td Securities (Usa), Incorporated, as Agent and Advisor for Secured Creditors, Intervenors/plaintiffs, and Official Committee of Unsecured Creditorsof Safety Kleen Corporation, Amicus Curiae v. Bradford W. Wyche, Chairman, South Carolina Board of Health and Environmental Control, in His Official Capacity South Carolina Boardof Healthand Environmental Control Douglas E. Bryant, Commissioner, South Carolina Department of Health and Environmental Control, in His Official Capacity South Carolina Departmentof Healthand Environmental Control, Sierra Club Phil P. Leventis Citizens Askingfor a Safe Environment, Incorporated (Case) South Carolina Departmentof Natural Resources South Carolina Public Service Authority, Intervenors/defendants-Appellees, and State of South Carolina, United States of America, Amicus Curiae. Safety-Kleen, Incorporated (Pinewood), Toronto Dominion (Texas), Incorporated, as Agent and Advisor for Secured Creditors Td Securities (Usa), Incorporated, as Agent and Advisor for Secured Creditors, Intervenors/plaintiffs-Appellees, and Official Committee of Unsecured Creditorsof Safety Kleen Corporation, Amicus Curiae v. Bradford W. Wyche, Chairman, South Carolina Board of Health and Environmental Control, in His Official Capacity South Carolina Boardof Healthand Environmental Control Douglas E. Bryant, Commissioner, South Carolina Department of Health and Environmental Control, in His Official Capacity South Carolina Departmentof Healthand Environmental Control, and State of South Carolina, and Sierra Club Phil P. Leventis Citizens Askingfor a Safe Environment, Incorporated (Case) South Carolina Departmentof Natural Resources South Carolina Public Service Authority, Intervenors/defendants, United States of America, Amicus Curiae. Safety-Kleen, Incorporated (Pinewood), and Toronto Dominion (Texas), Incorporated, as Agent and Advisor for Secured Creditors Td Securities (Usa), Incorporated, as Agent and Advisor for Secured Creditors, Intervenors/plaintiffs, and Official Committee of Unsecured Creditorsof Safety Kleen Corporation, Amicus Curiae v. State of South Carolina Bradford W. Wyche, Chairman, South Carolina Board of Health and Environmental Control, in His Official Capacity South Carolina Boardof Healthand Environmental Control Douglas E. Bryant, Commissioner, South Carolina Department of Health and Environmental Control, in His Official Capacity South Carolina Departmentof Healthand Environmental Control,defendants, and Sierra Club Phil P. Leventis Citizens Askingfor a Safe Environment, Incorporated (Case) South Carolina Departmentof Natural Resources, Intervenors/defendants, and South Carolina Public Service Authority, Intervenor/defendant-Appellant, United States of America, Amicus Curiae. Safety-Kleen, Incorporated (Pinewood), and Toronto Dominion (Texas), Incorporated, as Agent and Advisor for Secured Creditors Td Securities (Usa), Incorporated, as Agent and Advisor for Secured Creditors, Intervenors/plaintiffs, and Official Committee of Unsecured Creditorsof Safety Kleen Corporation, Amicus Curiae v. State of South Carolina Bradford W. Wyche, Chairman, South Carolina Board of Health and Environmental Control, in His Official Capacity South Carolina Boardof Healthand Environmental Control Douglas E. Bryant, Commissioner, South Carolina Department of Health and Environmental Control, in His Official Capacity South Carolina Departmentof Healthand Environmental Control, South Carolina Departmentof Natural Resources South Carolina Public Service Authority, Intervenors/defendants, and Sierra Club Phil P. Leventis Citizens Askingfor a Safe Environment, Incorporated (Case), Intervenors/defendants-Appellants. United States of America, Amicus Curiae. Safety-Kleen, Incorporated (Pinewood), and Toronto Dominion (Texas), Incorporated, as Agent and Advisor for Secured Creditors Td Securities (Usa), Incorporated, as Agent and Advisor for Secured Creditors, Intervenors/plaintiffs, and Official Committee of Unsecured Creditorsof Safety Kleen Corporation, Amicus Curiae v. State of South Carolina Bradford W. Wyche, Chairman, South Carolina Board of Health and Environmental Control, in His Official Capacity South Carolina Boardof Healthand Environmental Control Douglas E. Bryant, Commissioner, South Carolina Department of Health and Environmental Control, in His Official Capacity South Carolina Departmentof Healthand Environmental Control, and Sierra Club Phil P. Levenis Citizens Askingfor a Safe Environment, Incorporated (Case) South Carolina Public Service Authority, Intervenors/defendants, and South Carolina Departmentof Natural Resources, Intervenor/defendant-Appellant. United States of America, Amicus Curiae. Safety-Kleen, Incorporated (Pinewood), and Toronto Dominion (Texas), Incorporated, as Agent and Advisor for Secured Creditors Td Securities (Usa), Incorporated, as Agent and Advisor for Secured Creditors, Intervenors/plaintiffs-Appellants, Official Committee of Unsecured Creditorsof Safety Kleen Corporation, Amicus Curiae v. Bradford W. Wyche, Chairman, South Carolina Board of Health and Environmental Control, in His Official Capacity South Carolina Boardof Healthand Environmental Control Douglas E. Bryant, Commissioner, South Carolina Department of Health and Environmental Control, in His Official Capacity South Carolina Departmentof Healthand Environmental Control, Sierra Club Phil P. Leventis Citizens Askingfor a Safe Invironment, Incorporated (Case) South Carolina Departmentof Natural Resources South Carolina Public Service Authority, Intervenors/defendants-Appellees, and State of South Carolina, United States of America, Amicus Curiae. Safety-Kleen, Incorporated (Pinewood), Toronto Dominion (Texas), Incorporated, as Agent and Advisor for Secured Creditors Td Securities (Usa), Incorporated, as Agent and Advisor for Secured Creditors, Intervenors/plaintiffs, and Official Committee of Unsecured Creditorsof Safety Kleen Corporation, Amicus Curiae-Appellant v. Bradford W. Wyche, Chairman, South Carolina Board of Health and Environmental Control, in His Official Capacity South Carolina Boardof Healthand Environmental Control Douglas E. Bryant, Commissioner, South Carolina Department of Health and Environmental Control, in His Official Capacity South Carolina Departmentof Healthand Environmental Control, Sierra Club Phil P. Leventis Citizens Askingfor a Safe Environment, Incorporated (Case) South Carolina Departmentof Natural Resources South Carolina Public Service Authority, Intervenors/defendants-Appellees, and State of South Carolina, United States of America, Amicus CuriaeCourt of Appeals for the Fourth Circuit · 2001

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