Legal Opinion
Florida Asset Financing Corp. v. Dixon (In Re Dixon)
District Court, W.D. Virginia
Decided December 9, 1998No. Civ.A. 98-0123-APublishedCited by 17 opinions
1Opinion of the Court
OPINION
JONES, District Judge.
The questions in this bankruptcy appeal are (1) whether contractual default interest at the rate of thirty-six percent is available to an overseeured creditor as part of its claim against a debtor and (2) whether the bankruptcy court correctly determined the creditor’s request for attorneys’ fees. Finding that the facts of the case support the creditor’s statutory right to default interest, I first hold that the bankruptcy court’s decision to deny such interest was in error and reverse. Second, I find that under the circumstances, the bankruptcy court’s reduced…
2Cases cited28 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
- Rake v. WadeSupreme Court of the United States · 1993
23 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- In Re BrownUnited States Bankruptcy Court, W.D. Virginia · 2000
- In Re 785 Partners LLCUnited States Bankruptcy Court, S.D. New York · 2012
- In Re Market Center East Retail Property, Inc.United States Bankruptcy Court, D. New Mexico · 2010
- In Re 139-141 Owners Corp.United States Bankruptcy Court, S.D. New York · 2004
- 400 Walnut Associates, L.P. v. 4th Walnut Associates, L.P. (In Re 400 Walnut Associates, L.P.)United States Bankruptcy Court, E.D. Pennsylvania · 2011
12 more not listed; retrieve them via the Exa API.