Legal Opinion
Hearn v. Mark H. Wentworth Home for Chronic Invalids (In re Hearn)
United States Bankruptcy Court, D. Vermont
Decided November 16, 1994No. Bankruptcy No. 94-10325; Adv. No. 94-1051PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OF DECISION ON MOTION AND CROSS MOTION FOR SUMMARY JUDGMENT
FRANCIS G. CONRAD, Bankruptcy Judge.
This adversary proceeding1 involves a Chapter 11 debtor who borrowed funds from a lender who was not licensed under statute to lend by the State of Vermont. Hearn seeks to avoid the loan. Wentworth, an as-signee of the original promissory note, opposes. Both parties filed Rule 56 motions. At hearing, we denied summary judgment and reserved decision on the licensed lender statute.
The issue to be decided is whether new legislation changing the penalties for violating the Vermont licensed…
2Cases cited24 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- United States v. LockeSupreme Court of the United States · 1985
- Edward R. POSEY, Plaintiff-Appellant, v. SKYLINE CORPORATION, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1983
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3Cited by1 opinion
- Hawk Resorts Int'l, L.P. v. ColburnVermont Superior Court · 2011