ItalCable SpA v. Envoy Global, Inc.

MEMORANDUM ***

ItalCable SpA (“ItalCable”) appeals the Bankruptcy Appellate Panel’s (“BAP”) reversal of the judgment of the U.S. Bankruptcy Court for the Northern District of California. The facts and prior proceedings are known to the parties; they are not recited herein, except as necessary.

I

ItalCable asserts that a contingent payment clause in its contract with Envoy Global, Inc., constitutes an illegal forfeiture. Under Oregon law, forfeiture clauses are treated as liquidated damages clauses. See Bennett v. Les Schwab Tire Ctrs. of Or., 48 Or.App. 909, 618 P.2d 455 (Or.Ct.App.1980)…