IN RE ARROW AIR, INC.

No. 88-1538-CIV, Bankruptcy No. 88-00340-BKC-AJC.

101 B.R. 332 (1989)

In re ARROW AIR, INC., Debtor. UNITED STATES of America, Appellant, v. ARROW AIR, INC., Appellee.

United States District Court, S.D. Florida.

February 8, 1989.


Attorney(s) appearing for the Case

U.S. Attys. Office, Miami, Theresa E. Mitchell, Sp. Asst., Tax Div., Washington, Paul E. Pelletier, Trial Atty., for U.S.

David M. Levine, Tew Jordan & Schulte, Miami, Fla., for Creditors Committee.

David C. Profilet, Weil, Gotshal & Manges, Miami, Fla., for Arrow Air, Inc.


MEMORANDUM OPINION

SCOTT, District Judge.

The sole issue on appeal is whether the Government is entitled to post-confirmation interest on its priority tax claim, pursuant to Section 1129(a)(9)(C) of the Bankruptcy Code. The bankruptcy court determined that the deferred payment by the debtor of the priority tax claim of the Government after the effective date of the plan was not a "deferred cash payment" within the meaning of § 1129(a)(9)(C) and therefore...

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