In the Matter of Wayne M. Laymon, Debtor. Theron Bradford, Trustee v. James Crozier, Trustee

How courts have described this case

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

• holding “that when an oversecured creditor’s claim arises from a contract, the contract provides the rate of post-petition interest,” subject to examination of “the equities involved in [the] bankruptcy proceeding”
• Remanding case to allow bankruptcy court to examine the equities of an 8% rate increase.
• adopting a “flexible approach,” allowing a determination of whether the higher default rate “would produce an inequitable or unconscionable result. . .”
• adopting a “flexible approach,” allowing a determination of whether the higher default rate “would produce an inequitable or unconscionable result. . .”
• noting majority rule that courts should utilize “the contract rate of interest when allowing an oversecured creditor to collect post-petition interest pursuant to § 506(b
• allowing default 3 rate interest depending on “the equities involved in [the] 4 bankruptcy proceeding”

Source: CourtListener parenthetical corpus (CC0).