Legal Opinion

In Re AJ Lane & Co., Inc.

United States Bankruptcy Court, D. Massachusetts

Decided May 1, 1990No. 19-10837PublishedCited by 26 opinions

1Opinion of the Court

OPINION

JAMES F. QUEENAN, Jr., Bankruptcy Judge.

The Official Unsecured Creditors’ Committee (the “Committee”) moves for disal-lowance of the prepayment charge asserted by Shawmut First Bank and Trust Company (the “Bank”) under its loan documents with the individual Debtor, Andrew J. Lane. Presented are questions of whether a prepayment charge is subject to the principles governing provisions for liquidated damages, and, if so, whether these charges are valid under such principles. The questions are complicated by some disagreement in the decisions over whether state law or federal bankruptcy…

2Cases cited26 opinions

  1. Security Mortgage Co. v. PowersSupreme Court of the United States · 1928
  2. In the Matter of Lhd Realty Corporation, Debtor. Appeal of National Life Insurance CompanyCourt of Appeals for the Seventh Circuit · 1984
  3. In Re Hudson Shipbuilders, Inc.Court of Appeals for the Fifth Circuit · 1986
  4. Unsecured Creditors' Committee 82-00261c-11a v. Walter E. Heller & Company Southeast, Inc., in Re K.H. Stephenson Supply Company, DebtorCourt of Appeals for the Fourth Circuit · 1985
  5. Kilpatrick v. . Germania Life Ins. Co.New York Court of Appeals · 1905

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3Cited by26 opinions

  1. Great Plains Real Estate Development, L.L.C. v. Union Central Life InsuranceCourt of Appeals for the Eighth Circuit · 2008
  2. Baybank Middlesex v. 1200 Beacon Properties, Inc.District Court, D. Massachusetts · 1991
  3. In Re Vanderveer Estates Holdings, Inc.United States Bankruptcy Court, E.D. New York · 2002
  4. Financial Center Associates of East Meadow, L.P. v. TNE Funding Corp. (In Re Financial Center Associates of East Meadow, L.P.)United States Bankruptcy Court, E.D. New York · 1992
  5. Heartland Federal Savings & Loan Ass'n v. Briscoe Enterprises Ltd., II (In Re Briscoe Enterprises Ltd., II)District Court, N.D. Texas · 1992

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