Hepner v. PWP Golden Eagle Tree, LLC (In Re K & J Properties Inc.)
United States Bankruptcy Court, D. Colorado
1Opinion of the Court
Findings of Fact, Conclusions of Law and Ruling
A. BRUCE CAMPBELL, Bankruptcy Judge.
The primary issue presented in this adversary proceeding is whether an over-secured creditor, PWP Golden Eagle Tree, LLC (“PWP”), is entitled to collect from these bankruptcy estates post-petition default interest on its claim at a rate of 36% per annum. The Chapter 11 Trustee in these three cases, Daniel A. Hepner (“Trustee”), on application and order of this Court, paid the entire amount of principal, interest, and collection costs claimed by PWP, reserving the Trustee’s rights to recover any overpayment.…
2Cases cited12 opinions
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
- In Re Entz-White Lumber And Supply, Inc.Court of Appeals for the Ninth Circuit · 1988
- In the Matter of Vincent Lapiana and Barbara Lapiana, Debtors. Appeal of Millard G. LeeCourt of Appeals for the Seventh Circuit · 1990
- Fischer Enterprises, Inc. v. Geremia (In Re Kalian)United States Bankruptcy Court, D. Rhode Island · 1995
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- In Re Urban Communicators PCS Ltd. PartnershipUnited States Bankruptcy Court, S.D. New York · 2007
- Cliftondale Oaks, LLC v. Silver Lake Enterprises, LLCUnited States Bankruptcy Court, N.D. Georgia · 2006
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