Bankr. No.:
93-40149
Adv. No.:
99-4004
Chapter:
12
Date of Decision:
April 10, 2000
Issue:
Whether the debtor was entitled to attorneys' fees, other costs, and $100 statutory penalty under S.D.C.L. § 44-3-8 where creditor failed to timely satisfy lien upon tender of payment by the corporate debtor's principal?
Ruling:
Conditions for application of § 44-3-8 were met and attorneys' fees, other costs, and the $100 statutory penalty were awarded to the debtor. The debtor's attorney's fees and costs were reduced slightly based on the record presented.
Full Bankruptcy Court Decision:
