IN RE BOWLES SUB PARCEL A, LLC

Nos. 14-1055, 14-1056, 14-1060, 14-1061, 14-1064, 14-1065.

792 F.3d 897 (2015)

In re BOWLES SUB PARCEL A, LLC, Debtor. Bowles Sub Parcel A, LLC, Appellant, v. Wells Fargo Bank, N.A., as Trustee for the Registered Holders of J.P. Morgan Chase Commercial Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2004-LN2, by and through Torcyhlight Loan Services. LLC as its successor Special Servicer. Appellee. In re Fenton Sub Parcel A, LLC Debtor. Fenton Sub Parcel A, LLC, Appellant, v. Wells Fargo Bank, N.A., as Trustee for Registered Holders of J.P. Morgan Chase Commercial Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2004-LN2, by and through Torchlight Loan Services, LLC, as its successor Special Servicer, Appellee. In re Bowles Sub Parcel B, LLC Debtor. Bowles Sub Parcel B, LLC Appellant, v. Wells Fargo Bank, N.A., as Trustee for Registered Holders of J.P. Morgan Chase Commercial Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2004-LN2, by and through Torchlight Loan Services, LLC, as its successor Special Servicer, Appellee. In re Fenton Sub Parcel B, LLC Debtor. Fenton Sub Parcel B, LLC Appellant, v. Wells Fargo Bank, N.A., as Trustee for Registered Holders of J.P. Morgan Chase Commercial Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2004-LN2, by and through Torchlight Loan Services, LLC, as its successor Special Servicer, Appellee. In re Bowles Sub Parcel C, LLC Debtor. Bowles Sub Parcel C, LLC Appellant, v. Wells Fargo Bank, N.A., as Trustee for Registered Holders of J.P. Morgan Chase Commercial Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2004-LN2, by and through Torchlight Loan Services, LLC, as its successor Special Servicer, Appellee. In re Fenton Sub Parcel C, LLC Debtor Fenton Sub Parcel C, LLC Appellant, v. Wells Fargo Bank, N.A., as Trustee for Registered Holders of J.P. Morgan Chase Commercial Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2004-LN2, by and through Torchlight Loan Services, LLC, as its successor Special Servicer, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 1, 2015.


Attorney(s) appearing for the Case

Eric John Magnuson , Ralph V. Mitchell , Matthew J.M. Pelikan , Minneapolis, MN, for Appellant.

Thomas Henry Boyd , Michael Rosow , Minneapolis, MN, Frederick Carter , Gregory A. Cross , Kendall A. Camuti , Baltimore, MD, for Appellee.

Before GRUENDER, SHEPHERD, and KELLY, Circuit Judges.


In these six consolidated bankruptcy cases, we consider whether the bankruptcy court1 erred in determining that a default-interest provision in a loan agreement was a valid liquidated-damages provision under Minnesota law. Having jurisdiction under 28 U.S.C. § 1291, we affirm.

Appellants...

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