Federal Case

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• allowing unsecured creditors the right to file claims for collection costs and liquidated damages where prepetition loan agreements provided for such costs and damages
• rejecting bankruptcy court’s decision limiting creditor’s recovery of collection costs to those incurred for services outside bankruptcy proceedings
• “[I]t is apparent that the potential damages from breach of the loan agreements in this case were difficult to determine.”
• unsecured creditor can recover collection costs including counsel fees where such costs were a specifically bargained-for term of a loan contract
• bankruptcy court erred by using hindsight in determining that claimants had failed to show that damages were so difficult to estimate that pre-payment charge in contract constituted a valid liquidated damages estimate rather than a prohibited penalty

Source: CourtListener parenthetical corpus (CC0).