Legal Opinion

Kelly Capital Investments, LLC v. Hamilton State Bank

Court of Appeals of Georgia

Decided November 23, 2015No. A15A1234, A15A1293PublishedCited by 5 opinions

1Opinion of the Court

RAY, Judge.

This case involves a loan (the “Loan”) made by First State Bank (“First State”) to Kelly Capital Investments, LLC (“Kelly Capital”) in 2010 to acquire and develop real estate in Henry County. The Loan was guaranteed by Robert D. Collins, William M. Collins, Curtis D. Collins III, Robbie L. Moore, Jr. and Collins & Associates, LLP (collectively, the “Guarantors”). The promissory note evidencing the loan (the “Note”) went into default in 2011, and First State entered into a modification and forbearance agreement with Kelly Capital and the Guarantors (collectively, the “Borrowers”) to…

2Cases cited11 opinions

  1. Pfeiffer v. Georgia Department of TransportationSupreme Court of Georgia · 2002
  2. Montgomery v. BarrowSupreme Court of Georgia · 2010
  3. Kensington Partners, LLC v. Beal Bank NevadaCourt of Appeals of Georgia · 2011
  4. Virginia Highland Civic Ass'n v. Paces Properties, Inc.Court of Appeals of Georgia · 2001
  5. S & A Industries, Inc. v. Bank AtlantaCourt of Appeals of Georgia · 2000

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3Cited by5 opinions

  1. Bank of Am., N.A. v. Adams (In re Adams)United States Bankruptcy Court, N.D. Georgia · 2018
  2. HDDA LLC v. SANGHA HOSPITALITY LLCDistrict Court, M.D. Georgia · 2023
  3. Jason L. Pettie, Chapter 7 Trustee v. RBC Mortgage CompanyUnited States Bankruptcy Court, N.D. Georgia · 2019
  4. PRAULTSHELL, INC. v. RIVER CITY BANKCourt of Appeals of Georgia · 2022
  5. Ww3 Ventures, LLC v. the Bank of New York Mellon as Successor Trustee Under Novastar Mortgage Trust Series 2006-2Court of Appeals of Georgia · 2023

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