Legal Opinion

Imperial Coronado Partners, Ltd. v. Home Federal Savings & Loan Ass'n (In Re Imperial Coronado Partners, Ltd.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 22, 1989No. BAP No. CC-87-1990-JMoMe, Adv. No. LA87-0915-GMPublishedCited by 22 opinions

1Opinion of the Court

OPINION

JONES, Bankruptcy Judge:

The trial court granted summary judgment in favor of Appellee Home Federal allowing it to recover a prepayment premium as part of its secured claim. Defendant asserts that the court erred by concluding that the premium was enforceable and by allowing recovery under Bankruptcy Code section 506(b). We affirm in part, reverse in part and remand.

FACTS

On March 15, 1983, Imperial Coronado Partners, Ltd., a Florida limited partnership (“ICP”), executed a promissory note payable to Home Federal Savings and Loan Association (“Home Federal”), a federally chartered savings…

2Cases cited13 opinions

Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
In the Matter of Lhd Realty Corporation, Debtor. Appeal of National Life Insurance CompanyCourt of Appeals for the Seventh Circuit · 1984
Joseph F. Sanson Investment Co. v. 268 LimitedCourt of Appeals for the Ninth Circuit · 1986
Arnold L. Kupetz, Trustee v. Morris A. Wolf, Raviel Wolf, the Marmon Group, Incorporated, DefendantsCourt of Appeals for the Ninth Circuit · 1988
Stephen Z. Meyers v. Beverly Hills Federal Savings & Loan Ass'n.Court of Appeals for the Ninth Circuit · 1974

8 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

U.S. Bank Trust National Ass'n v. American Airlines, Inc. (In re AMR Corp.)United States Bankruptcy Court, S.D. New York · 2013
In Re Vanderveer Estates Holdings, Inc.United States Bankruptcy Court, E.D. New York · 2002
Nisselson v. Empyrean Investment Fund, L.P. (In Re MarketXT Holdings Corp.)United States Bankruptcy Court, S.D. New York · 2007
In Re AJ Lane & Co., Inc.United States Bankruptcy Court, D. Massachusetts · 1990
Crossroads Investors, L.P. v. Fed. Nat'l Mortg. Ass'n, California Court of Appeal, 5th District2017

17 more not listed; retrieve them via the Exa API.