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U.S. Vs. Ron Pair Enterprises
Cites for this judgment
- US Supreme Court
- Feb 22, 1989
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U.S. v. RonSearch
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Pair Enterprises - 489 U.S. 235 (1989) U.S. Supreme Court U.S. v. RonSearch
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Pair Enterprises, 489 U.S. 235 (1989) United States v. RonSearch
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b)'s language clearly directs that post-petition interest be paid on all oversecured claims. Midlantic National Bank v. NewSearch
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Jersey Dept. of Environmental Protection, 474 U. S. 494 , and Kelly v. RobinsonSearch
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this result was in direct conflict with the view of the Court of Appeals for the Fourth Circuit, see Best Repair Co. v. UnitedSearch
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significant changes in both the substantive and procedural laws of bankruptcy. See Northern Pipeline Construction Co. v. MarathonSearch
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with the language of the statute itself. Landreth Timber Co. v. LandrethSearch
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Caminetti v. UnitedSearch
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Brief any citation in this list with AI Studio
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modifies it as well. See Best Repair Co. v. UnitedSearch
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Griffin v. OceanicSearch
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us to enforce it. It is respondent's view, as it was the view of the Court of Appeals, that Midlantic National Bank v. NewSearch
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Jersey Dept. of Environmental Protection, 474 U. S. 494 (1986), and Kelly v. RobinsonSearch
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Id. at 474 U. S. 505 , quoting Chemical Manufacturers Assn. v. NaturalSearch
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Contractors, Inc., 458 U.S. at 458 U. S. 571 . A similar issue presented itself in Kelly v. RobinsonSearch
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was, indeed, a pre-Code rule that the running of interest ceased when a bankruptcy petition was filed. See Sexton v. DreyfusSearch
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earned by securities held by the creditor as collateral to be applied to post-petition interest. See City of New York v. SaperSearch
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an exception for oversecured claims. At least one Court of Appeals refused to apply this exception, United States v. HarringtonSearch
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was some uncertainty among courts which did recognize it as to whether this Court ever had done so. United States v. BassSearch
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Vanston Bondholders Protective Committee v. GreenSearch
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the oversecured Page 489 U. S. 247 claim exception to an oversecured federal tax claim. See United States v. HarringtonSearch
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Maine Corp., 719 F.2d 493, 496 (CA1 1983) (municipal property tax claim), cert. denied sub nom. City of Cambridge v. MeserveSearch
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the fact that all the cases that limited the third exception were tax lien cases. Each gave weight to City of New York v. SaperSearch
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tax claims, and reasoned that the broad language of that case denied it for all tax claims. See United States v. HarringtonSearch
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F. 145, 148-149 (WD Ky.1901), and was uniformly accepted at the time Congress was considering the Code. See Kelly v. RobinsonSearch
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b), is clear and unambiguous. Second, the Court takes a very narrow view of Midlantic National Bank v. NewSearch
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and nonconsensual liens would not accrue post-petition interest. See Porto Rico Railway, Light & Power Co. v. MorSearch
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U. S. 341 , 287 U. S. 344 (1932). See also Barrett v. VanSearch
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Ewing v. BurnetSearch
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to change or ignore the punctuation in legislation in order to effectuate congressional intent. See, e.g., Simpson v. UnitedSearch
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Stephens v. CherokeeSearch
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is not controlling, it can provide useful confirmation of conclusions drawn from the words of a statute. United States v. NaftalinSearch
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pre-Code law unless there is some indication that Congress thought that it was effecting such a change. See Kelly v. RobinsonSearch
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quoting TVA v. HillSearch
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allow post-petition interest on nonconsensual liens such as the tax lien involved in this case. See City of New York v. SaperSearch
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United States v. MighellSearch
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United States v. HarringtonSearch
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post-Code case not allowing post-petition interest on municipal tax lien), cert. denied sub nom. City of Cambridge v. MeserveSearch
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Ante at 489 U. S. 246 . Regardless of how it is labeled, cf. Henneford v. SilasSearch
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United Savings Association of Texas v. TimbersSearch
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Best Repair Co. v. UnitedSearch
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U.S. Supreme Court U.S. v. RonSearch
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United States v. RonSearch
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Midlantic National Bank v. NewSearch
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