Filed: Dec. 18, 2018
Latest Update: Dec. 18, 2018
Summary: Not for publication in West's Bankruptcy Reporter. MEMORANDUM DECISION AND ORDER RE PROPOSED WRITS OF ATTACHMENT AND POSTJUDGMENT INTEREST ON COSTS S. MARTIN TEEL, JR. , Bankruptcy Judge . The plaintiff has filed two proposed writs of attachment regarding the $1,427.18 in costs awarded by the Memorandum Decision and Order re Bill of Costs entered on April 24, 2018, as part of the judgment entered in the plaintiff's favor on September 21, 2017. The proposed writs use a wrong date for inte
Summary: Not for publication in West's Bankruptcy Reporter. MEMORANDUM DECISION AND ORDER RE PROPOSED WRITS OF ATTACHMENT AND POSTJUDGMENT INTEREST ON COSTS S. MARTIN TEEL, JR. , Bankruptcy Judge . The plaintiff has filed two proposed writs of attachment regarding the $1,427.18 in costs awarded by the Memorandum Decision and Order re Bill of Costs entered on April 24, 2018, as part of the judgment entered in the plaintiff's favor on September 21, 2017. The proposed writs use a wrong date for inter..
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Not for publication in West's Bankruptcy Reporter.
MEMORANDUM DECISION AND ORDER RE PROPOSED WRITS OF ATTACHMENT AND POSTJUDGMENT INTEREST ON COSTS
S. MARTIN TEEL, JR., Bankruptcy Judge.
The plaintiff has filed two proposed writs of attachment regarding the $1,427.18 in costs awarded by the Memorandum Decision and Order re Bill of Costs entered on April 24, 2018, as part of the judgment entered in the plaintiff's favor on September 21, 2017. The proposed writs use a wrong date for interest to begin accruing on the $1,427.18 in costs, and a wrong interest rate.
Postjudgment interest is calculated pursuant to the provisions of 28 U.S.C. § 1961(a). According to § 1961(a), the postjudgment interest calculation starts on the "date of the entry of the judgment, at a rate equal to the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding[] the date of the judgment" (footnote omitted). Accordingly, the interest calculation for the judgment awarded to the plaintiff begins on the date of the original judgment: September 21, 2017. See BankAtlantic v. Blythe Eastman Paine Webber, Inc., 12 F.3d 1045, 1052 (11th Cir. 1994); Lane v. Capital Acquisitions and Mgmt. Co., 554 F.Supp.2d 1345, 1355 (S.D. Fla. 2008). Continuing with the application of § 1961(a) to this case, for the week ending on September 15, 2017, the week preceding the entry of the judgment, the average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, was 1.27% (1.272% rounded to 1.27%) per annum.1
Accordingly, the writs of attachment need to be revised to recite that: (1) on April 24, 2018, costs of $1,427.18 were awarded against Carlos Allen and made part of the judgment entered on September 21, 2017, and (2) the sum of $1,427.18 in costs, together with interest accruing after September 21, 2017, at the rate of 1.27 percent per annum compounded annually, in accordance with 28 U.S.C. § 1961, remains unpaid. The plaintiff also needs to re-calculate in the new writs the amount that the plaintiff is owing as of a set date, with additional interest accruing after that date.2 It is thus
ORDERED that the plaintiff shall file revised proposed writs of attachment in accordance with this order.
