In the Matter of Vincent LAPIANA and Barbara Lapiana, Debtors.
Appeal of Millard G. LEE.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Argued June 5, 1990.
Decided July 31, 1990.
Attorney(s) appearing for the Case
Daniel A. Zazove, Karen Walin, Towbin & Zazove, Chicago, Ill., for defendant-appellant.
Karen A. Smith, Dept. of Justice, Tax Div., Washington, D.C., Anton R. Valukas, U.S. Atty., William T. Clabault, Charles E. Ex, Asst. U.S. Atty., Office of the U.S. Atty., Chicago, Ill., Gary R. Allen, Debra J. Stefanik, Jonathan S. Cohen, Deborah Swann, Howard M. Soloman, U.S. Dept. of Justice, Tax Div., Washington, D.C., Victoria S. Crosley, I.R.S., Chicago, Ill., for I.R.S.
Allan J. DeMars, Spiegel & DeMars, Chicago, Ill., for defendants.
Joseph E. Cohen, Cohen & Cohen, Chicago, Ill., for debtors.
Before WOOD, Jr., CUDAHY, and POSNER, Circuit Judges.
United States Court of Appeals, Seventh Circuit.
POSNER, Circuit Judge.
The principal question raised by this appeal is whether United States v. Ron Pair Enterprises, Inc.,489 U.S. 235, 109 S.Ct. 1026, 103 L.Ed.2d 290 (1989), completely extinguishes the power of a bankruptcy judge to abate an award of post-petition interest to an oversecured creditor, in this case the United States. We answer "no" but uphold the district judge's ruling that the power was improperly exercised...
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