Legal Opinion
Chemical Bank v. First Trust of New York (In Re Southeast Banking Corp.)
Court of Appeals for the Eleventh Circuit
Decided September 28, 1998No. 97-4436PublishedCited by 16 opinions
1Opinion of the Court
BIRCH, Circuit Judge:
This appeal requires us to decide whether Congress, by enacting section 510(a) of the 1978 Bankruptcy Code, intended to abrogate the “Rule of Explicitness,” a judicially created doctrine that prevents a senior creditor from collecting post-petition interest from a junior creditor pursuant to a subordination agreement unless the agreement expressly provides for that result. The bankruptcy court and the district court both held that section 510(a) was not inconsistent with the Rule of Explicitness and that the legislative history accompanying section 510(a) revealed no…
2Cases cited36 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
- Butner v. United StatesSupreme Court of the United States · 1979
- Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.Supreme Court of the United States · 1989
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
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3Cited by16 opinions
- Chira v. SaalCourt of Appeals for the Eleventh Circuit · 2009
- In Re Washington Mutual, Inc.United States Bankruptcy Court, D. Delaware · 2011
- Bank of America v. North LaSalle Street Ltd. Partnership (In Re 203 North LaSalle Street Partnership)United States Bankruptcy Court, N.D. Illinois · 2000
- In Re Loewen Group International, Inc.United States Bankruptcy Court, D. Delaware · 2002
- In Re BrandUnited States Bankruptcy Court, S.D. Florida. · 2000
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