context: Because the Supreme Court in Till was not concerned with the debtor getting a perceived windfall in the event the prime plus interest rate was lower than the contract rate so that the debtor was permitted to retain a lender's collateral while arguably depriving the creditor of its bargained for interest rate, it would seem that Dvor-kin's concern about that issue with respect to the payment of interest on unsecured claims is neither warranted nor consistent with the statutory scheme found in the Bankruptcy Code.
citation_a.signal: see also
citation_a.identifier: 461 B.R. 244, 244
citation_a.parenthetical: agreeing that a debtor should not have to pay senior creditors more than the Bankruptcy Code allows just because of a contractual agreement
citation_a.sentence: See id. at 478, 124 S.Ct. at 1961 (discussing “the now-irrelevant terms of the parties’ original contract” and how the coerced loan, presumptive contract rate, and cost of funds approaches improperly focus on making the creditor whole); see also In re Washington Mut., Inc., 461 B.R. at 244 (agreeing that a debtor should not have to pay senior creditors more than the Bankruptcy Code allows just because of a contractual agreement); In re Ogle, 261 B.R. 22, 30 (Bankr. D. Idaho 2001) (“[BJankruptcy by its very nature deprives creditors of the benefit of their agreement with a debtor. Conse quently, such a factor, standing alone, doesn’t persuade this Court.” (quoting In re Country Manor of Kenton, Inc., 254 B.R. at 181)). Furthermore, the Supreme Court also expressed concern that the contract rate approach violated the principle of equal treatment of creditors. Till, 541 U.S. at 476-77, 124 S.Ct. at 1959-60 (“Rather, the court should aim to treat similarly situated creditors similarly.”).
citation_b.signal: see
citation_b.identifier: 124 S.Ct. 1961, 1961
citation_b.parenthetical: discussing "the now-irrelevant terms of the parties' original contract" and how the coerced loan, presumptive contract rate, and cost of funds approaches improperly focus on making the creditor whole
citation_b.sentence: See id. at 478, 124 S.Ct. at 1961 (discussing “the now-irrelevant terms of the parties’ original contract” and how the coerced loan, presumptive contract rate, and cost of funds approaches improperly focus on making the creditor whole); see also In re Washington Mut., Inc., 461 B.R. at 244 (agreeing that a debtor should not have to pay senior creditors more than the Bankruptcy Code allows just because of a contractual agreement); In re Ogle, 261 B.R. 22, 30 (Bankr. D. Idaho 2001) (“[BJankruptcy by its very nature deprives creditors of the benefit of their agreement with a debtor. Conse quently, such a factor, standing alone, doesn’t persuade this Court.” (quoting In re Country Manor of Kenton, Inc., 254 B.R. at 181)). Furthermore, the Supreme Court also expressed concern that the contract rate approach violated the principle of equal treatment of creditors. Till, 541 U.S. at 476-77, 124 S.Ct. at 1959-60 (“Rather, the court should aim to treat similarly situated creditors similarly.”).