IN RE PROPERTIES, INC.

Bankruptcy Nos. 02-26975 ABC, 02-26976 ABC, 02-26977 ABC, Adversary No. 04-1500 ABC.

338 B.R. 450 (2005)

In re K & J PROPERTIES, INC., Y & B Properties, LLC, Indian Creek Investments, LLC, Debtors. Daniel A. Hepner, Chapter 11 Trustee, Plaintiff, v. PWP Golden Eagle Tree, LLC, Defendant.

United States Bankruptcy Court, D. Colorado.

May 13, 2005.


Attorney(s) appearing for the Case

James A. Jablonski, James L. Huemoeller, Gorsuch, Kirgis LLP, Denver, CO, for Daniel A. Hepner.

Robert 1. Pitler, Bonnie Bell Bond, Harvey Sender, Denver, CO, for PWP Golden Eagle Tree LLC.


FINDINGS OF FACT, CONCLUSIONS OF LAW AND RULING

A. BRUCE CAMPBELL, Bankruptcy Judge.

The primary issue presented in this adversary proceeding is whether an oversecured creditor, PWP Golden Eagle Tree, LLC ("PWP"), is entitled to collect from these bankruptcy estates post-petition default interest on its claim at a rate of 36% per annum. The Chapter 11 Trustee in these three cases, Daniel A. Hepner ("Trustee"), on application and order of this Court...

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