IN RE BRUNSWICK APARTMENTS OF TRUMBULL COUNTY

No. 98-3197.

169 F.3d 333 (1999)

In re BRUNSWICK APARTMENTS OF TRUMBULL COUNTY, LTD., Debtor. First Bank of Ohio, Appellant, v. Brunswick Apartments of Trumbull County, Ltd.; Cardinal Industries, Inc., Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 25, 1999.


Attorney(s) appearing for the Case

James A. Giles (argued and briefed), Giles & Williams, Mt. Vernon, Ohio, for First Bank of Ohio.

Douglas S. Roberts (argued and briefed), Clark, Perdue & Roberts, Columbus, OH, for Brunswick Apartments of Trumbull County, Ltd.

Carol G. Stebbins, Reynoldsberg, OH, for Cardinal Industries, Inc.

Before: MERRITT, NORRIS, and GILMAN, Circuit Judges.


MERRITT, Circuit Judge.

In this Chapter 11, single-asset, debtor-in-possession reorganization of a 59-unit apartment, the Bank, as the holder of the mortgage with a principal balance of approximately $1,250,000, sought to have the partnership which owns the apartment pay charges (in addition to default interest) of approximately $220,000 consisting of (1) a consultant's fee of $46,000; (2) a five per cent "service charge" of $62,000 on the remaining principal balance...

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