NIUKKANEN, ALIAS MACKIE,

v.

MCALEXANDER, ACTING DISTRICT DIRECTOR, IMMIGRATION AND NATURALIZATION SERVICE

Citator

Cited By

• In re Chicago, 830 F.2d 758 (7th Cir. 1987)
  …, 329 U.S. 156, 163-64, 67 S.Ct. 237, 240, 91 L.Ed. 162 (1946). This result does not apply, however, in those instances in which the debtor proves ultimately to be solvent. Id.; Ruskin v. Griffiths, 269 F. 2d 827, 830-31 (2d Cir.1959), cert. denied, 361 U.S. 947, 80 S.Ct. 402, 4 L.Ed.2d 381 (1960). Whe6n a debtor does prove to be solvent, creditors may receive post-petition interest. . Although the government concedes that the fair and equitable standard applies in this case, we have noted previously that…
• Debentureholders Protective Comm. of Cont'l Inv. Corp. v. Cont'l Inv. Corp., 679 F.2d 264 (1st Cir. 1982)
  …nstalments of interest, the bankruptcy court will enforce the contractual provision with respect to both instalments due before and instalments due after the petition was filed. Ruskin v. Griffiths, 269 F. 2d 827, 830-832 (2nd Cir. 1959), cert. den. 361 U.S. 947, 80 S.Ct. 403, 4 L.Ed.2d 381 (1960); In re Hydro-Electric System, supra, 224. This rule is fair and equitable inasmuch as the solvent debtor’s estate will have been enriched by the bankruptcy trustee’s use of money which the debtor had promised to p…
• In re Muskegon Motor Specialties v. Davis, 366 F.2d 522 (6th Cir. 1966)
  …enied their “absolute priority”. A finding of solvency would necessitate the payment of interest at the statutory rate, so that accrued amount must be considered in determining solvency. Ruskin v. Griffiths, 269 F. 2d 827 (2d Cir. 1959) cert. denied 361 U.S. 947, 80 S.Ct. 402, 4 L.Ed.2d 381 (1960). This accrual totals at least $300,000 and makes the total liabilities of Muskegon at least $1,850,000 exclusive of a contested tax claim of more than $42,000. The SEC estimated liabilities on July 1,1965 at $1,…