Legal Opinion
In Re Duralite Truck Body & Container Corp.
United States Bankruptcy Court, D. Maryland
Decided March 31, 1993No. 19-12135PublishedCited by 18 opinions
1Opinion of the Court
MEMORANDUM OPINION ON OBJECTIONS TO FIDELCOR SECURED CLAIM
E. STEPHEN DERBY, Bankruptcy Judge.
I. The Issue.
The principal issue presented for decision is whether an oversecured creditor is entitled to collect a prepayment charge calculated according to a contractual formula, after the creditor has foreclosed. Debtors, the Chapter 7 Trustee, Sovran Bank/Maryland (Sovran) and John F. Smith object to, and move for turnover of, the prepayment charge asserted by Fidelcor Business Credit Corporation (Fidelcor) under its loan agreement with the Debtors, Truck Equipment Sales and Service, Inc. (Tessi)…
2Cases cited20 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Butner v. United StatesSupreme Court of the United States · 1979
- Truck Rent-A-Center, Inc. v. Puritan Farms 2nd, Inc.New York Court of Appeals · 1977
- Security Mortgage Co. v. PowersSupreme Court of the United States · 1928
- 6 Collier bankr.cas.2d 321, Bankr. L. Rep. P 69,005 in Re United Merchants and Manufacturers, Inc., Debtors. United Merchants and Manufacturers, Inc., Debtors-Appellees v. The Equitable Life Assurance Society of the United States and John Hancock Mutual Life Insurance CompanyCourt of Appeals for the Second Circuit · 1982
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3Cited by18 opinions
- In Re Vanderveer Estates Holdings, Inc.United States Bankruptcy Court, E.D. New York · 2002
- In Re Ridgewood Apartments of DeKalb County, Ltd.United States Bankruptcy Court, S.D. Ohio · 1994
- In Re Outdoor Sports Headquarters, Inc.United States Bankruptcy Court, S.D. Ohio · 1993
- Continental Securities Corp. v. Shenandoah Nursing Home PartnershipDistrict Court, W.D. Virginia · 1995
- Continental Securities Corp. v. Shenandoah Nursing Home PartnershipDistrict Court, W.D. Virginia · 1996
13 more not listed; retrieve them via the Exa API.