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IN RE HARKO

BAP Nos. 96-50031, 96-50033, Bankruptcy Nos. 96-11076, 96-12157.

211 B.R. 116 (1997)

In re Michael Peter HARKO and Margaret Grace Harko, Debtors. KEY BANK OF NEW YORK, Appellant, v. Michael Peter HARKO and Margaret Grace Harko, Appellees, Andrea E. Celli, Trustee. In re Ronald P. MILHAM and Benedetta Milham, Debtors. KEY BANK OF NEW YORK, Appellant, v. Ronald P. MILHAM and Benedetta Milham, Appellees, Andrea B. Celli, Trustee.

United States Bankruptcy Appellate Panel of the Second Circuit.

Decided July 31, 1997.

Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear, LLP by Annette M. Tambasco, Albany, NY, for Appellant.

Martin J. Goodman, Albany, NY, for Appellees Ronald P. Milham and Benedetta Milham.

Andrea E. Celli, Albany, NY, trustee.

Before LIFLAND C.J., and KAPLAN and NINFO, JJ.

BURTON R. LIFLAND, Chief Judge.

Two appeals are before us. In neither are the relevant facts in dispute. Both concern the same issue of law, namely whether an oversecured creditor in a case under Chapter 13 of the Bankruptcy Code (the "Code"), 11 U.S.C. §§ 1301-1330, is entitled to its contractual rate of interest pursuant to § 506(b) of the Code post-confirmation. The appellant in both cases is Key Bank of New York ("Key Bank"). The Debtors-Appellees...

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