Legal Opinion
In Re Newbury Cafe, Inc., D/B/A 29 Newbury, Debtor. Commonwealth of Massachusetts v. Newbury Cafe, Inc.
Court of Appeals for the First Circuit
Decided March 8, 1988No. 87-1964PublishedCited by 21 opinions
1Opinion of the Court
BAILEY ALDRICH, Senior Circuit Judge.
In this case we are asked to decide whether a so-called oversecured taxing authority may recover from a bankrupt’s estate interest on its debt accruing during the bankruptcy proceedings. Plaintiff Massachusetts Department of Revenue (“DOR”) holds a statutory lien, Mass.G.L. c. 62C § 50, on the property of debtor Newbury Cafe, Inc. (“Newbury”). The value of the property subject to the lien exceeds the sum of the principal amount of the tax debt plus pre-petition interest, and DOR sought in the bankruptcy court a ruling that section 506(b) of the Bankruptcy…
2Cases cited15 opinions
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- Sexton v. DreyfusSupreme Court of the United States · 1911
- City of New York v. SaperSupreme Court of the United States · 1949
- United States v. J. Allen Harrington, Trustee, in the Matter of G. N. Childress, Dba Childress Transportation Company, BankruptCourt of Appeals for the Fourth Circuit · 1959
- United States v. Irving I. Bass, Trustee in Bankruptcy of the Estate of Leland Cameron, BankruptCourt of Appeals for the Ninth Circuit · 1959
10 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- In Re KenistonUnited States Bankruptcy Court, D. New Hampshire · 1988
- In Re LaymonUnited States Bankruptcy Court, W.D. Texas · 1990
- In Re Compass Marine Corp.United States Bankruptcy Court, E.D. Pennsylvania · 1992
- In Re CranerUnited States Bankruptcy Court, N.D. New York · 1988
16 more not listed; retrieve them via the Exa API.