Legal Opinion
Tri-State Financial, LLC v. First Dakota National Bank
Court of Appeals for the Eighth Circuit
Decided August 14, 2008No. 07-2438, 07-2480PublishedCited by 19 opinions
1Opinion of the Court
SHEPHERD, Circuit Judge.
This case arises out of the bankruptcy case of Tri-State Ethanol Company (TSE), the former owner of an ethanol plant in South Dakota, which Appellee Tri-State Financial, LLC (TSF) purchased from the bankruptcy estate. Appellant First Dakota National Bank (the “Bank”) provided TSE with the construction and permanent financing for the plant. The Bank was paid the principal and interest it was due out of the proceeds from the sale of the plant. The Bank filed an 11 U.S.C. § 506(b) 1 Motion for Allowance of Prepayment Charge, asserting that TSE had agreed to pay a two…
2Cases cited9 opinions
- Raleigh v. Illinois Department of RevenueSupreme Court of the United States · 2000
- Terra International, Inc., a Delaware Corporation v. Mississippi Chemical Corporation, a Mississippi CorporationCourt of Appeals for the Eighth Circuit · 1997
- Enchanted World Doll Museum v. BuskohlSouth Dakota Supreme Court · 1986
- In Re Schriock Construction, Inc., Debtor. First Western Bank & Trust v. Wayne Drewes, as Bankruptcy Trustee for Schriock Construction, Inc.Court of Appeals for the First Circuit · 1997
- Ziegler Furniture & Funeral Home, Inc. v. CicmanecSouth Dakota Supreme Court · 2006
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3Cited by19 opinions
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- Burival v. Creditor Committee (In Re Burival)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2009
- Bowles Sub Parcel A, LLC v. Wells Fargo Bank, N.A.Court of Appeals for the Eighth Circuit · 2015
- Stoebner v. Opportunity Finance, LLCDistrict Court, D. Minnesota · 2016
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