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                        as a courtesy to the reader. They are not part of the opinion of the court.

072438P.pdf   08/14/2008  Tri-State Financial, LLC  v.  First Dakota National Bank
   U.S. Court of Appeals Case No:  07-2438
                          and No:  07-2480
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Shepherd, Author, with Riley and Gruender, Circuit Judges]
   Bankruptcy - prepayment. Bank's loan to TSE was paid off following
   bankruptcy and sale of business. Bankruptcy court granted bank's motion
   for 2% prepayment penalty for pre-petition under section 502(b) but
   denied the motion under section 506(b). The district court reversed the
   grant under section 502(b). Because there was no agreement regarding
   the imposition of a prepayment penalty under any set of facts, the
   bankruptcy court's decision is reversed and the applicability of sections
   502(b) or 506(b) need not be addressed.