Legal Opinion
Foss v. Boardwalk Partners (In Re Boardwalk Partners)
United States Bankruptcy Court, D. Arizona
Decided June 30, 1994No. Bankruptcy 93-07118-PHX-CGCPublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER RE: CREDITORS’ APPLICATION TO DISTRIBUTE FUNDS
CHARLES G. CASE, II, Bankruptcy Judge.
INTRODUCTION
This case presents the question of the appropriate rate of interest to be allowed an oversecured creditor pursuant to Section 506(b) when the credit agreement provides for an increased interest rate upon default.
FACTS
The Debtor owned a 116 unit apartment complex in Glendale, Arizona. The property was subject to a first lien in favor of Julian Foss (“Foss”) in the principal amount of $590,000 plus interest and attorneys’ fees. The property was also subject to a second…
2Cases cited13 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
- In the Matter of Wayne M. Laymon, Debtor. Theron Bradford, Trustee v. James Crozier, TrusteeCourt of Appeals for the Fifth Circuit · 1992
- Joseph F. Sanson Investment Co. v. 268 LimitedCourt of Appeals for the Ninth Circuit · 1986
- In Re Skyler RidgeUnited States Bankruptcy Court, C.D. California · 1987
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In Re Vest AssociatesUnited States Bankruptcy Court, S.D. New York · 1998
- Fischer Enterprises, Inc. v. Geremia (In Re Kalian)United States Bankruptcy Court, D. Rhode Island · 1995
- 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 · 1996
- Citybank v. Udhus (In Re Udhus)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
- In Re Liberty Warehouse Associates Limited PartnershipUnited States Bankruptcy Court, S.D. New York · 1998
10 more not listed; retrieve them via the Exa API.