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MACK FINANCIAL CORPORATION, Appellee, v. Dianna Marshall IRESON, Virginia Bankers Associations, Appellant. Amicus Curiae

Court of Appeals for the Fourth Circuit

Decided May 8, 1986No. 85-2174PublishedCited by 31 opinions

1Per curiam

Upon confirmation of her plan of reorganization, plaintiff undertook to refinance the purchase of a coal truck with respect to which defendant was the lender. The lender insisted upon the payment of a late charge in the defaulted obligation. Plaintiff paid the late charge and then sued to recover it.

The bankruptcy court, 48 B.R. 711, ruling that late charges were penalties and not collectible, gave judgment for plaintiff. The district court, 53 B.R. 118, however, to which defendant appealed, ruled to the contrary. Plaintiff appeals, and we affirm.

I

The truck that plaintiff sought to refinance…

2Cases cited8 opinions

  1. In the Matter of Lhd Realty Corporation, Debtor. Appeal of National Life Insurance CompanyCourt of Appeals for the Seventh Circuit · 1984
  2. 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
  3. In Re Tastyeast, Inc.Court of Appeals for the Third Circuit · 1942
  4. In Re Best Repair Company, Inc. v. United StatesCourt of Appeals for the Fourth Circuit · 1986
  5. In the Matter of John Edward Hawks and Pauline Andrews Hawks, Debtors. Security Industrial Loan Association v. H. Clyde Pearson, Referee in BankruptcyCourt of Appeals for the Fourth Circuit · 1973

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3Cited by31 opinions

  1. Metlife Capital Financial Corp. v. Washington Avenue Associates L.P.Supreme Court of New Jersey · 1999
  2. Dalessio v. Pauchon (In Re Dalessio)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
  3. In Re Consolidated Properties Ltd. PartnershipUnited States Bankruptcy Court, D. Maryland · 1993
  4. Presque Isle Apartments, L.P. v. Landmark Savings Associates (In Re Presque Isle Apartments, L.P.)United States Bankruptcy Court, W.D. Pennsylvania · 1990
  5. In Re Duralite Truck Body & Container Corp.United States Bankruptcy Court, D. Maryland · 1993

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