Shoen v. Shoen (In re Shoen)

Because I find no magic in the nature of the Arizona judgment that removes it from the general rule disallowing postpetition interest on unsecured claims, I respectfully dissent.

I

Nature of the Judgment

The majority takes a straightforward state court judgment for damages and transforms it into “a judicially prescribed sale of stock” that is impervious to the operation of federal bankruptcy law. As the majority acknowledges, this is an effort “to analytically place” the judgment into a category, even one that does not “comfortably fit.” The judgment calls for no such creativity on our part.

This…