United States Seventh Circuit
River East Plaza, LLC v. The Variable Annuity Life Ins. Co., 06-3856
In a suit challenging a prepayment fee for a loan, judgment for plaintiff-borrower is reversed where: 1) there was nothing in the loan agreement that suggested that the prepayment clause was an unenforceable penalty; 2) the fee was not unreasonable; 3) the amount of an overcharge had not been correctly determined; and 4) the district court must determine whether the lender prevailed in the action for purposes of recovering costs and fees.
Appellate Information
- Argued 04/11/2007
- Decided 08/22/2007
- Published 08/22/2007
Judges
- KANNE, Circuit Judge., Before CUDAHY, KANNE, and WOOD, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellees:
- Arthur M. Holtzman (argued), Pedersen & Houpt, Chicago, IL, for Plaintiff-Appellee., George Eric Brunstad, Jr. (argued), Bingham McCutchen, Hartford, CT, for Defendant-Appellant.