Legal Opinion
Arvest Mortgage Co. v. Nail (In Re Nail)
Court of Appeals for the Eighth Circuit
Decided June 5, 2012No. 11-2018PublishedCited by 10 opinions
1Opinion of the Court
LOKEN, Circuit Judge.
Elizabeth E. Nail borrowed from Arvest Mortgage Company (“Arvest”) to purchase a newly-constructed home, executing a promissory note and mortgage. In April 2009, Ms. Nail filed a voluntary petition for Chapter 13 bankruptcy relief. Arvest then purchased the mortgaged property at a foreclosure sale for substantially less than what Ms. Nail owed on the promissory note and filed this adversary proceeding, seeking a judgment declaring the mortgage debt nondischargeable under 11 U.S.C. § 523(a)(2) and (4). At trial, the bankruptcy court directed a verdict for Ms. Nail on the §…
2Cases cited16 opinions
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
- In Re Jesse H. Long, Debtor. Barclays American/business Credit, Inc. v. Jesse H. LongCourt of Appeals for the Eighth Circuit · 1985
- Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
- In the Matter of Simon Angelle, D/B/A Angelle's Lumber Co., Bankrupts. Simon Angelle v. Dr. Kenneth P. ReedCourt of Appeals for the Fifth Circuit · 1980
- In the Matter of Nancy S. Marchiando, Debtor-Appellee. Appeal of State of Illinois, Department of the LotteryCourt of Appeals for the Seventh Circuit · 1994
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McGraw v. Collier (In re Collier)United States Bankruptcy Court, E.D. Arkansas · 2013
- MarPad, L.L.C. v. Seevers (In re Seevers)United States Bankruptcy Court, D. Nebraska · 2017
- Clear Sky Properties, LLC v. Roussel (In re Roussel)United States Bankruptcy Court, E.D. Arkansas · 2012
- Coleman v. Fields (In re Fields)United States Bankruptcy Court, E.D. Arkansas · 2016
- Credit Associates, Inc. v. BlevinsUnited States Bankruptcy Court, D. Oregon · 2020
5 more not listed; retrieve them via the Exa API.