Matter of Powell

E.D. Pennsylvania

Matter of Powell

78 B.R. 409, 1987 U.S. Dist. LEXIS 13742

CourtDistrict Court, E.D. Pennsylvania

DecidedApril 30, 1987

DocketCiv. A. No. 87-1151, Bankruptcy No. 86-03909K

StatusPublished

Cited by3 cases

This text of 78 B.R. 409 (Matter of Powell) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Matter of Powell, 78 B.R. 409, 1987 U.S. Dist. LEXIS 13742 (E.D. Pa. 1987).

Pincite

Opinion

ORDER

NEWCOMER, District Judge.

AND NOW, this 30th day of April, 1987, upon consideration of the parties’ briefs and relevant caselaw, it is hereby Ordered that appellant's appeal of the Bankruptcy Court’s Order is DENIED and the Bankruptcy Court’s determination is AFFIRMED.

The issue in this case is whether a mortr gagee is entitled to interest on prepetition arrearages in a Chapter 13 proceeding. In *410 the notice of appeal counsel for appellant stated that the issue in the present appeal was the same legal issue presented in In re Small, No. 86-6874 (E.D.Pa.) and In re Capps, No. 87-0056 (E.D.Pa.).

I choose to follow Judge Giles’ well-reasoned opinion in Capps, slip op. (E.D.Pa. March 17, 1987) in which the Court affirmed the Bankruptcy Court’s decision which denied a claim for interest on arrear-ages. The Capps rationale was adopted recently in In re Rice, 75 B.R. 47, (E.D.Pa.1987) (Bechtle, J.). Furthermore, support for my determination may be found in In re Terry, 780 F.2d 894 (11th Cir.1985). Butt see In re Colegrove, 771 F.2d 119 (6th Cir.1985). Accordingly, the Bankruptcy Court’s Order is affirmed.

AND IT IS SO ORDERED.

Free access — add to your briefcase to read the full text and ask questions with AI

ORDER

NEWCOMER, District Judge.

AND NOW, this 30th day of April, 1987, upon consideration of the parties’ briefs and relevant caselaw, it is hereby Ordered that appellant's appeal of the Bankruptcy Court’s Order is DENIED and the Bankruptcy Court’s determination is AFFIRMED.

The issue in this case is whether a mortr gagee is entitled to interest on prepetition arrearages in a Chapter 13 proceeding. In *410 the notice of appeal counsel for appellant stated that the issue in the present appeal was the same legal issue presented in In re Small, No. 86-6874 (E.D.Pa.) and In re Capps, No. 87-0056 (E.D.Pa.).

I choose to follow Judge Giles’ well-reasoned opinion in Capps, slip op. (E.D.Pa. March 17, 1987) in which the Court affirmed the Bankruptcy Court’s decision which denied a claim for interest on arrear-ages. The Capps rationale was adopted recently in In re Rice, 75 B.R. 47, (E.D.Pa.1987) (Bechtle, J.). Furthermore, support for my determination may be found in In re Terry, 780 F.2d 894 (11th Cir.1985). Butt see In re Colegrove, 771 F.2d 119 (6th Cir.1985). Accordingly, the Bankruptcy Court’s Order is affirmed.

AND IT IS SO ORDERED.

Cite This Page — Counsel Stack

Bluebook (online)

78 B.R. 409, 1987 U.S. Dist. LEXIS 13742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-powell-paed-1987.

Opinion

Related

Cite This Page — Counsel Stack