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IN RE LAPPIN ELEC. CO., INC.

Bankruptcy No. 97-26130. Adversary No. 99-2204.

245 B.R. 326 (2000)

In re LAPPIN ELECTRIC COMPANY, INC., Debtor. Patrick K. Noonan, Trustee in Bankruptcy for Lappin Electric Company, Inc., Plaintiff, v. Fremont Financial, Defendant.

United States Bankruptcy Court, E.D. Wisconsin.

February 29, 2000.

Attorney(s) appearing for the Case

William A. Rinehart, Milwaukee, WI, for Plaintiff or Petitioner.

Andrew R. Cardonick and Gerald Munitz, Chicago, IL, for Defendant or Respondent.

MEMORANDUM DECISION ON MOTIONS FOR SUMMARY JUDGMENT

M. DEE McGARITY, Bankruptcy Judge.

The chapter 7 trustee filed this adversary proceeding against the debtor's oversecured lender, Fremont Financial, on the grounds that the early termination fee provided for in the parties' loan agreement is an unreasonable charge under 11 U.S.C. § 506(b). Both parties have filed motions for summary judgment. The trustee contends that the early termination fee of ...

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