Legal Opinion

Republic Bank of California, N.A. v. Getzoff (In Re Getzoff)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided April 21, 1995No. BAP No. CC-94-2368-MeSHa. Bankruptcy No. LA 92-24707 TD. Adv. No. 94-02623PublishedCited by 55 opinions

1Opinion of the Court

OPINION

MEYERS, Bankruptcy Judge:

I

The bankruptcy court held that a guaranty executed postpetition was invalid under Section 524 of the Bankruptcy Code because it was based on a discharged debt. The creditor appeals from the summary judgment entered against it.

We AFFIRM.

II

FACTS

On November 20, 1991, Getzoff Accountancy Corporation (“GAC”) signed a promissory note and obtained a loan from SafraBank California, now known as Republic Bank of California (“Bank”). The note called for monthly payments of interest only, with the entire principal balance of $250,000 due and payable on May 20, 1992.

On…

2Cases cited14 opinions

  1. In Re Sammy G. Daily, Debtor. Federal Deposit Insurance Corp., Receiver for Indian Springs State Bank v. Sammy G. DailyCourt of Appeals for the Ninth Circuit · 1995
  2. In Re Robert John Price, Debtor. Roy E. Lompa v. Robert John PriceCourt of Appeals for the Ninth Circuit · 1989
  3. In Re Kroeger Properties and Development, Inc.United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
  4. In Re BowlingUnited States Bankruptcy Court, S.D. Indiana · 1990
  5. Florida v. Ticor Title Insurance Co. of California (In Re Florida)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994

9 more not listed; retrieve them via the Exa API.

3Cited by55 opinions

  1. Bessette v. AVCO Financial Services Inc.Court of Appeals for the First Circuit · 2000
  2. Solow v. KalikowCourt of Appeals for the Second Circuit · 2010
  3. Renwick v. Bennett (In re Bennett)Court of Appeals for the Ninth Circuit · 2002
  4. In Re LatanowichUnited States Bankruptcy Court, D. Massachusetts · 1997
  5. Cherry v. Arendall (In Re Cherry)United States Bankruptcy Court, E.D. Virginia · 2000

50 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API