LD 1132
pg. 2
Page 1 of 3 An Act To Simplify Calculation of Legal Interest Page 3 of 3
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LR 834
Item 1

 
Sec. 4. 14 MRSA §1602-A, first ¶, as repealed and replaced by PL 1987, c.
646, §4, is repealed and the following enacted in its place:

 
From and after the date of entry on an order of judgment,
including the period of the pendency of an appeal, interest is
allowed at a rate of 10%.__The Supreme Judicial Court may
review the rate of interest after judgment no more than once
per year and, if there has been a substantial change in market
interest rates, may order a change of the rate in this section
to accurately reflect the market rate.__If the Supreme
Judicial Court orders a change in the interest rate under this
section, the rate must be roughly 167% of the rate set in
section 1602.

 
Sec. 5. 14 MRSA §1602-A, sub-§1, as amended by PL 1989, c. 502, Pt.
B, §15, is repealed.

 
Sec. 6. 14 MRSA §1602-A, sub-§2, as amended by PL 2001, c. 471, Pt.
D, §14, is repealed.

 
Sec. 7. 18-A MRSA §3-806, sub-§(d), as amended by PL 1997, c. 202, §1,
is further amended to read:

 
(d) Unless otherwise provided in any judgment in another
court entered against the personal representative, allowed
claims bear prejudgment interest at the rate specified in
Title 14, section 1602, subsection 1, paragraph A for the
period commencing 60 days after the time for original
presentation of the claim has expired unless based on a
contract making a provision for interest, in which case they
bear interest in accordance with that provision.

 
(1) Interest may not accrue on any allowed claims,
however allowed, against an insolvent estate, except to
the extent that insurance coverage or other nonprobate
assets are available to pay the claim in full. This
paragraph is effective for estates of decedents who die on
or after October 1, 1997.

 
(2) To the extent that an allowed claim against an
insolvent estate is secured by property, the value of
which, as determined under section 3-809, is greater than
the amount of the claim, the holder of the claim may
receive interest on the principal amount of the claim and
any reasonable fees, costs or charges provided for under
an agreement under which the claim arose. This paragraph
is effective for estates of decedents who die on or after
October 1, 1997.


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