· 3/24/2010
In Re Moody National SHS Houston H, LLC
Citations
- 426 B.R. 667
- 2010 Bankr. LEXIS 919
- 52 Bankr. Ct. Dec. (CRR) 262
- 2010 WL 1186281
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that in order to cure a default and reinstate a loan, a lender is entitled to the default rate of interest in accordance with the underlying agreement and applicable state law
- finding that unimpairment of a creditor’s claim requires the payment of interest at the default rate
- finding that Congress addressed the problem in Rake with a “broader declaration.”
- “to the extent that there was ambiguity as to how to cure a default when Entz-White was written, that ambiguity evaporated in 1994 when § 1123(d) was added” to the Bankruptcy Code
- § 1123(d) includes a requirement to pay default interest
Source: CourtListener parenthetical corpus (CC0).
Judges: Marvin Isgur
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.