United States Sixth Circuit

An innocent lender is entitled to prepayment premiums as provided in parties' loan agreement upon the real property being forfeited to the government, and later sold by the government, as a result of a criminal forfeiture proceeding against the debtor.

Appellate Information

• Argued 01/26/2001
• Decided 04/04/2001
• Published 04/04/2001

Judges

• Before JONES, BATCHELDER, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Daniel J. Flanigan (argued), Polsinelli, Shalton & Welte, Kansas City, MO, Marvin A. Robon (argued and briefed), Barkan & Robon, Toledo, OH, Brett D. Anders (briefed), Polsinelli, Shalton & Welte, Kansas City, MO, Michael S. Jones (briefed), Lydy & Moan, Sylvania, OH, Gregory R. Elder (briefed), Barkan & Robon, Toledo, OH, for Appellants.


• For Appellees:
  
• Seth Uram (argued and briefed), Assistant United States Attorney, Lawrence J. Kiroff (briefed), Assistant United States Attorneys, Toledo, OH, Stephen R. Heifetz (briefed), Department of Justice, Criminal Division, Washington, DC, for Appellee.