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· 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 CourtListener

Sourced 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.