Legal Opinion

Southland Corp. v. Toronto-Dominion (In Re Southland Corp.)

Court of Appeals for the Fifth Circuit

Decided December 2, 1998No. 97-10474PublishedCited by 58 opinions

1Opinion of the Court

EDITH H. JONES, Circuit Judge:

This dispute is about what interest rate should apply to seven and one-half months of repayments under a commercial credit agreement — the base rate in the contract or the specified default rate. The bankruptcy court determined that the higher default rate applies for the entire period between the pre-bankruptcy default and the effective date of the reorganization plan. The district court affirmed. We also affirm.

I

The underlying Credit Agreement between the debtor-appellant (“Southland”) and the secured creditor-appellees (“the Banks”) dates from 1987. Section…

2Cases cited20 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim TrusteeCourt of Appeals for the Second Circuit · 1982
  3. In Re Benjamin Pierce Simmons, Bankrupt. Benjamin Pierce Simmons v. J.T. SavellCourt of Appeals for the Fifth Circuit · 1985
  4. In the Matter of Wayne M. Laymon, Debtor. Theron Bradford, Trustee v. James Crozier, TrusteeCourt of Appeals for the Fifth Circuit · 1992
  5. In the Matter of TERRY LIMITED PARTNERSHIP, Debtor. Appeal of INVEX HOLDINGS, N.V.Court of Appeals for the Seventh Circuit · 1994

15 more not listed; retrieve them via the Exa API.

3Cited by58 opinions

  1. Carrieri v. Jobs.Com Inc.Court of Appeals for the Fifth Circuit · 2004
  2. In Re Washington Mutual, Inc.United States Bankruptcy Court, D. Delaware · 2011
  3. JPMorgan Chase Bank, N.A. v. Charter Communications Operating, LLC (In Re Charter Communications)United States Bankruptcy Court, S.D. New York · 2009
  4. Official Committe of Unsecured Creditors v. MoellerCourt of Appeals for the Fifth Circuit · 2015
  5. In Re Washington Mutual, Inc.United States Bankruptcy Court, D. Delaware · 2011

53 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API