Wells Fargo Business Credit v. Donald Hindman

TINDER, Circuit Judge.

Wells Fargo Business Credit sued Donald J. Hindman under diversity jurisdiction for breach of contract. Wells Fargo and Hindman were both creditors of Clark National, Inc., whose president and CEO was Hindman’s son, and several related companies. Wells Fargo agreed to make loans and extend credit to the companies only if Hindman agreed to become a subordinated creditor. Hindman agreed and subsequently executed a series of sub ordination agreements with Wells Fargo, which subordinated all present and future debts, liabilities, and obligations that the companies owed to…