Legal Opinion

In re Charles Street African Methodist Episcopal Church

United States Bankruptcy Court, D. Massachusetts

Decided September 18, 2012No. 12-12292-FJBPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OF DECISION ON DEBTOR’S OBJECTION TO PROOF OF CLAIM OF ONEUNITED BANK

FRANK J. BAILEY, Bankruptcy Judge.

The matter before the Court is the Objection of the Debtor, Charles Street African Methodist Episcopal Church of Boston (“CSAME”), to proof of claim no. 10 (the “Claim”), filed by OneUnited Bank (“OneUnited”). CSAME objects to the default interest portion of the claim, arguing that it is amounts to an unenforceable penalty. After an evidentiary hearing1 and on the basis of the findings and rulings set forth below, I will sustain the objection by disallowing interest in excess of…

2Cases cited11 opinions

  1. Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
  2. In Re Hemingway Transport, Inc., Debtors. Juniper Development Group, Etc. v. Herbert C. Kahn, Etc., (Two Cases) in Re Hemingway Transport, Inc., Debtors. Juniper Development Group, Etc. v. Herbert C. Kahn, Etc., in Re Hemingway Transport, Inc., Debtors. Juniper Development Group, Etc. v. Herbert C. Kahn, Etc.Court of Appeals for the First Circuit · 1993
  3. Kelly v. MarxMassachusetts Supreme Judicial Court · 1999
  4. NPS, LLC v. MinihaneMassachusetts Supreme Judicial Court · 2008
  5. TAL Financial Corp. v. CSC Consulting, Inc.Massachusetts Supreme Judicial Court · 2006

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3Cited by1 opinion

  1. NESV Ice, LLC v. SHS ACK, LLCUnited States Bankruptcy Court, D. Massachusetts · 2022

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