Critical Case Comment: In re Garner

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of TN

In re Garner, 2011 WL 5989019 (11th Cir, Nov. 30, 2011) (Dubina)

An oversecured creditor is entitled to contract interest from filing until the date of confirmation and thereafter entitled to Till rate interest only.

Case Summary

The Debtor borrowed $33,848 from First United Security Bank in December 2008. The note carried interest at the rate of 10.5% per annum and was to be paid over 30 months. The note was secured by a number of motor vehicles.

The Debtor . . .

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