In the Matter of Lhd Realty Corporation, Debtor. Appeal of National Life Insurance Company

How courts have described this case

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

• concluding that a 22 lender had accelerated a debt and thereby waived the contractual right to a prepayment penalty by requesting the bankruptcy court lift the stay
• “acceleration, by definition, advances the maturity date of the debt so that payment thereafter is not prepayment but instead is payment made after maturity.”
• \Should such intentional defaults become a problem ... we believe courts could deal with the difficulty by denying the acceleration exception in appropriate cases.\
• “Should such intentional defaults become a problem, however, we believe courts could deal with the difficulty by denying the acceleration exception in appropriate cases”
• “because we believe that in the particular circumstances of this case the holder’s right to a prepayment premium was not triggered, we affirm”
• contractual prepayment premiums are intended to insure the lender against the loss of its bargain if interest rates decline at the time of prepayment and reinvestment

Source: CourtListener parenthetical corpus (CC0).