Legal Question in Bankruptcy in California

Receive interest after Chap 11 filing from Debtor?

We obtained a judgment from a court. The court upheld a contract which INCLUDED interest of 8%. The Corp we obtained the judgment against filed for Chap 11 and the plan was confirmed. Are we able to include the 8% interest that was called for in the original judgment?

Thanks for your help!

Kurt


Asked on 1/29/03, 12:30 am

2 Answers from Attorneys
Alvin Tenner Law Office of Alvin G. Tenner

Re: Receive interest after Chap 11 filing from Debtor?

Yes, although the plan confirmed by the court is final.

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Answered on 2/03/03, 4:11 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Receive interest after Chap 11 filing from Debtor?

Thank you for your posting.

Typically, yes, you can file a proof of claim for the full amount of your judgment, which included interest, against the company. That does not mean that you will get paid in full, as it depends on the terms of the approved plan, and how much cash flow or assets there are for creditors.

I hope that this information helps, but if you have other questions you need answered, or have other questions, or feel that you need legal representation, please feel free to contact me directly at [email protected]. I�m happy to help in any way that I can, and I wish you best of luck.

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Answered on 1/29/03, 3:03 pm


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