Case Number: A94-65503-PWB, Adversary Proceeding No. 94-6388.United States Bankruptcy Court, N.D. Georgia, Atlanta Division.
February 3, 2005
ORDER DENYING PLAINTIFF’S REQUEST FOR SUMMARY JUDGMENT
PAUL BONAPFEL, Bankruptcy Judge
Before the Court is the motion of Plaintiff for summary judgment to determine (1) the date of valid judgment to begin counting prevailing interest rate; and (2) the applicable prevailing interest rate. Plaintiff seeks a determination from this Court whether the date of the Order of Restitution and interest rate provided by Florida law is applicable or whether the date of this Court’s nondischargeability judgment and interest rate provided by federal law is applicable.
As the Court previously observed in its January 27, 2005 Order, Plaintiff’s judgment in this adversary proceeding is not a money judgment and no writ of execution has been issued; this Court’s judgment only held the debt owed pursuant to the underlying Florida Order of Restitution was nondischargeable. Because this Court did not enter a money judgment, the federal statute governing interest on judgments is inapplicable to Plaintiff’s judgment. 28 U.S.C. § 1961(a) (“Interest shall be allowed on any money judgment in a civil case recovered in a district court.”).
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The Court makes no determination as to whether Plaintiff is entitled to interest on the nondischargeable debt pursuant to the Order of Restitution or under Florida law. Accordingly, it is
ORDERED that Plaintiff’s motion for summary judgment isDENIED.
The Clerk is directed to serve copies of this Order on the persons on the attached Distribution List.