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IN RE H.P. TOOL MFG. CORP.

Bankruptcy No. 80-00657G, Adv. No. 81-0186G.

12 B.R. 600 (1981)

In re H.P. TOOL MANUFACTURING CORPORATION, Debtor. ACCEPTANCE ASSOCIATES OF AMERICA, INC., Plaintiff, v. Fred ZIMMERMAN, Trustee, and H.P. Tool Manufacturing Company, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

July 20, 1981.

Attorney(s) appearing for the Case

Lawrence R. Lesser, Lesser & Kaplin, P.C., Blue Bell, Pa., for plaintiff, Acceptance Associates of America, Inc.

Lawrence J. Lichtenstein, Sklar, Lichtenstein & Sklar, P.C., Philadelphia, Pa., for trustee/defendant, Fred Zimmerman.

Fred Zimmerman, Trustee, defendant.

Jon M. Adelstein, Philadelphia, Pa., for debtor/defendant, H.P. Tool Manufacturing Corp.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue before us is whether a secured creditor is entitled to a prepayment penalty and attorney's fees out of the proceeds of the trustee's sale of the property of the debtor in which the creditor had a security interest. We conclude that the secured creditor is not entitled to the prepayment penalty under the terms of its contract with the debtor. However, if properly...

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