Legal Opinion

Primm v. Foster (In Re Foster)

United States Bankruptcy Court, M.D. Tennessee

Decided April 12, 1984No. Bankruptcy No. 382-02840, Adv. No. 382-0723PublishedCited by 27 opinions

1Opinion of the Court

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The issues are: (1) whether plaintiff’s loan to the debtor was obtained by fraud and is nondischargeable under 11 U.S.C.A. § 523(a)(2)(A) (West 1979); (2) whether plaintiff is entitled to prejudgment and postjudgment interest at 18%, the rate provided in the promissory note; and (3) whether plaintiff may recover attorneys’ fees from the debtor as called for in the note. For the reasons stated at the conclusion of proof in open court on January 27, 1984, the $9,500 debt is NONDISCHARGEABLE. After consideration of the arguments, briefs and applicable…

2Cases cited11 opinions

  1. Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
  2. White Motor Corporation, Debtor and Debtor in Possession v. Citibank, N.A. And the Other Bank Creditors Listed on Exhibit 1Court of Appeals for the Sixth Circuit · 1983
  3. In the Matter of Cle-Ware Industries, Inc., Debtor. Cle-Ware Industries, Inc. v. Howard SokolskyCourt of Appeals for the Sixth Circuit · 1974
  4. Permian Anchor Services, Inc. v. NiccumCourt of Appeals for the First Circuit · 1981
  5. Knott Co. v. Wilson (In Re Wilson)United States Bankruptcy Court, M.D. Tennessee · 1981

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3Cited by27 opinions

  1. Francine Klingman v. Melvin E. LevinsonCourt of Appeals for the Seventh Circuit · 1987
  2. In the Matter of Robert P. Jordan, Debtor. Robert P. Jordan and Wesley Ann Jordan v. Southeast National BankCourt of Appeals for the Fifth Circuit · 1991
  3. McCullough v. Suter (In Re Suter)United States Bankruptcy Court, N.D. Illinois · 1986
  4. Klingman v. Levinson (In Re Levinson)United States Bankruptcy Court, N.D. Illinois · 1986
  5. 13 Collier bankr.cas.2d 412, Bankr. L. Rep. P 70,704 in Re Larry Hunter and Mary Ellen Hunter, Debtors. Richard Jennen v. Larry Hunter and Mary Ellen Hunter, in Re Larry Hunter and Mary Ellen Hunter, Debtors. Richard Jennen v. Larry Hunter and Mary Ellen HunterCourt of Appeals for the Eighth Circuit · 1985

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