would violate the automatic stay since it is a direct attempt to get more property from the debtor and the estate, either through a simple increase in the amount of a pro-rata plan distribution or through recovery of a greater amount of the collateral which secures the claim. In either case, [deceleration] is an attempt to ‘assess’ an increased claim against the amount of the surplus that would otherwise be available to the estate and creditors. 379 B.R. at 485. The same rationale applies with equal force here. A deceleration of these notes would have the effect of assessing the Debtors with a Make-Whole not currently owed under the Indentures, and thwart Debtors’ reliance on the Indentures as written. See id. at 485 n. 11; In re LHD Realty Corp., 726 F.2d 327, 332 (7th Cir.1984) (<HOLDING>); In re Adu-Kofi, 94 B.R. 14 (Bankr.R.I.1988).
holding that federal express fee required by lender was a transaction imposed by the lender as incident to the extension of credit and needed to be disclosed within the finance charge holding lender loses right to a premium when it elects to accelerate the debt and declining to allow lender to avoid the consequences of its choice of acceleration holding unconscionable an arbitration provision in a consumer lending contract that binds the consumer to relinquish his or her right to a day in court and virtually all substantive rights while the lender retains the right to a judicial forum for purposes of collection and foreclosure proceedings deficiency judgments and all other procedures which the lender may pursue to acquire title to the borrowers real or personal property holding lender might be held responsible for buyers alleged damages where facts indicated lenders active participation in the sale of the residence or the existence of a special relationship between the lender and the borrower holding that it was not improper for a lender to halt the proposed settlement and discounted payment of plaintiffs loan when the lender believed the loan would otherwise be paid in full