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IN RE IMPERIAL CORONADO PARTNERS, LTD.

BAP No. CC-87-1990-JMoMe, Adv. No. LA87-0915-GM.

96 B.R. 997 (1989)

In re IMPERIAL CORONADO PARTNERS, LTD., a Florida Limited Partnership, Debtor. IMPERIAL CORONADO PARTNERS, LTD., Appellant, v. HOME FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided February 22, 1989.

Attorney(s) appearing for the Case

Sharon Barton Tuppan, Los Angeles, Cal., for appellant.

Nanette D. Sanders, Lobel & Winthrop, Newport Beach, Cal., for appellee.

Before JONES, MOOREMAN and MEYERS, Bankruptcy Judges.

OPINION

JONES, Bankruptcy Judge:

The trial court granted summary judgment in favor of Appellee Home Federal allowing it to recover a prepayment premium as part of its secured claim. Defendant asserts that the court erred by concluding that the premium was enforceable and by allowing recovery under Bankruptcy Code section 506(b). We affirm in part, reverse in part and remand.

FACTS

On March 15, 1983, Imperial Coronado Partners, Ltd., a Florida...

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