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IN RE CARDELUCCI

No. 00-56541.

285 F.3d 1231 (2002)

In re Samuel Duke CARDELUCCI, Debtor. Willem Onink, Marsha Onink, Appellants, v. Samuel Duke Cardelucci, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 12, 2002.

Attorney(s) appearing for the Case

Fred K. Knez, John A. Boyd, Thompson & Colgate, Riverside, CA, for the plaintiffs-appellants.

William M. Burd, Karen Sue Naylor, Burd & Naylor, Santa Ana, CA, for the defendant-appellee.

Before: SCHROEDER, Chief Judge, McKEOWN, Circuit Judge, and ZILLY, District Judge.

OPINION

ZILLY, District Judge.

Appellants Willem and Marsha Onink appeal the district court's application of the federal interest rate as defined by 28 U.S.C. § 1961(a) to an award of post-petition interest pursuant to 11 U.S.C. § 726(a)(5). This appeal presents the narrow but important issue of whether such post-petition interest is to be calculated using the federal judgment interest rate or is determined by the parties' contract or state law...

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