In re LaGuardia Assocs. L.P.
Dec
05
2012
Ruling
Prepayment fee component of mortgage claim disallowed.
Procedural posture
Debtor, joined by the Official Committee of Unsecured Creditors, objected to that portion of a first mortgage holder's (lender's) proof of claim which represented a prepayment fee, or what the applicable loan documents (Promissory Note and Mortgage) also characterized as a "yield maintenance charge." A hearing was held.
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Court
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