Tri-State Fin. LLC v. First Dakota Natl Bank
Aug
14
2008
Ruling
Bankruptcy court's allowance of prepayment charges on construction mortgage reversed as not provided for in terms of original note.
Procedural posture
Appellant bank filed a motion in bankruptcy court seeking allowance of a prepayment charge under 11 U.S.C.S. § 506(b). The bankruptcy court allowed the charge under 11 U.S.C.S. § 502(b). The United States District Court for the District of South Dakota affirmed the bankruptcy court's denial of payment under § 506(b) and reversed the allowance under § 502(b). The bank appealed; appellee purchaser cross-appealed.
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Court
:
Judge or Jurisdiction information not available