United States First Circuit

The Bankruptcy Appellate Panel erred in reversing the bankruptcy court's post-petition interest determination of a secured creditor, where: 1) the bankruptcy court did not err in adopting a flexible approach for determining oversecured status; 2) the bankruptcy court did not err in its determination of the date the creditor became oversecured, and thus, when its post-petition interest began to accrue; 3) there is no error in the bankruptcy court's conclusion that the debtors failed to rebut the presumption in favor of enforcing the contractual provision for the interest rate; and 4) the bankruptcy court did not err in holding that the secured creditor was not entitled to compound interest.

Appellate Information

• Decided 04/11/2014
• Published 04/11/2014

Judges

• STAHL

Court

• United States First Circuit

Counsel