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In re Romero

In re Romero

Ruling
Creditor that received notice of plan and did not object could not recover prepayment fees not provided for in confirmed plan.
Procedural posture

Before the court in the chapter 11 case was debtor's objection to Claim 4.2 and Claim 7 of a holder of two notes, each secured by mortgages on debtor's real estate. At issue was whether the note holder was entitled to recover prepayment fees provided for in the relevant loan documents.

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Consumer opinion summary, case decided on February 05, 2009 , LexisNexis #0309-128