Fischer Enterprises, Inc. v. Geremia (In Re Kalian)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that the default interest operated as an unreasonable charge and should be disallowed under § 506(b)
• denying default interest where ov-ersecured creditor was adequately protected, and “[tjhere was never any cognizable risk that [the creditor] would go unpaid”
• denying default interest where oversecured creditor was adequately protected, and \[t]here was never any cognizable risk that [the creditor] would go unpaid\
• “Section 506(b)’s language, however, does not compel the conclusion that the contract rate or rates bind the court. The statute provides only that the holder of an oversecured claim be allowed ‘interest on such claim.’ Section 506(b) does not specify the rate.”
• refusing to enforce a default rate of 36%
• 36% default rate deemed “unreasonable” charge

Source: CourtListener parenthetical corpus (CC0).