Legal Opinion

Lambert v. Callahan (In Re Lambert Oil Co.)

District Court, W.D. Virginia

Decided August 16, 2006No. 1:06CV00046, 1:06CV00047PublishedCited by 9 opinions

1Opinion of the Court

OPINION

JONES, Chief Judge.

The three issues in these related bankruptcy appeals are whether the bankruptcy court erred (1) in its method of calculating prejudgment interest in a judgment against a debtor of the bankruptcy estate; (2) in allowing a setoff to the debtor of the bankruptcy estate on the basis of a post-petition foreclosure sale, and (3) in taking judicial notice of certain facts. I find that the bankruptcy court was correct in awarding a setoff, but incorrectly calculated the prejudgment interest. I also find that the bankruptcy court’s judicial notice of certain facts constituted…

2Cases cited33 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Monessen Southwestern Railway Co. v. MorganSupreme Court of the United States · 1988
  3. In Re Southern Industrial Banking Corporation, Debtor. Thomas Duvoisin, Liquidating Trustee, and Bank of Commerce, Intervening v. Emmett J. FosterCourt of Appeals for the Sixth Circuit · 1987
  4. In the Matter of the Bohack Corporation, Debtor-In-Possession. The Bohack Corporation v. Borden, Inc.Court of Appeals for the Second Circuit · 1979
  5. STEPHENS INDUSTRIES, INC., Plaintiff-Appellant, v. James R. McCLUNG, Trustee in Bankruptcy, Etc., Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1986

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3Cited by9 opinions

  1. In Re the Heritage Organization, L.L.C.United States Bankruptcy Court, N.D. Texas · 2007
  2. United States v. CopleyDistrict Court, E.D. Virginia · 2018
  3. Mountain Empire Oil Co. v. Callahan (In re Lambert Oil Co.)District Court, W.D. Virginia · 2007
  4. Alexander Properties, L.L.C. v. Patapsco BankDistrict Court, D. Maryland · 2012
  5. East Coast Custom Coaches, Inc.United States Bankruptcy Court, E.D. Virginia · 2020

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