SW Boston Hotel Venture, LLC v. Prudential Ins. Co., No. 12-9012 (1st Cir. 2014)
Annotate this CaseThis appeal concerned a heavily contested Chapter 11 bankruptcy proceeding. After the bankruptcy court determined a secured creditor’s entitlement to post-petition interest under 11 U.S.C. 506(b) and confirmed the debtors’ Chapter 11 plan, the secured creditor appealed to the Bankruptcy Appellate Panel for the First Circuit (“BAP”). The BAP reversed in part, vacating and remanding the confirmation order and significantly increasing the secured creditor’s entitlement to post-petition interest under section 506(b). The City of Boston, as a junior creditor, and the debtors appealed. The First Circuit Court of Appeals (1) vacated the BAP’s section 506(b) order, holding that the BAP erred in reversing the bankruptcy court’s post-petition interest determination; and (2) vacated the BAP’s confirmation order because it was based solely on the BAP's erroneous interest determination.
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