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Bankr. L. Rep. P 77,458 First National Bank Eureka State Bank v. Herbert Warren Allen, III Donna Mae Allen

Court of Appeals for the First Circuit

Decided July 10, 1997No. 96-2484PublishedCited by 36 opinions

1Opinion of the Court

MAGILL, Circuit Judge.

First National Bank of Eden (Eden Bank) and Eureka State Bank (Eureka Bank) (collectively the Banks) brought a motion before the bankruptcy court 2 to determine their status as unsecured creditors. The bankruptcy court found that the Banks had waived their unsecured claims. The district court 3 affirmed the decision of the bankruptcy court, and the Banks now appeal to us. We affirm.

I

The Banks made substantial agricultural loans to Herbert Warren Allen III and Donna Alen. The Alens subsequently defaulted on the loans. On December 18, 1986, the Banks brought foreclosure…

2Cases cited9 opinions

  1. U. S. Term Limits, Inc. v. ThorntonSupreme Court of the United States · 1995
  2. In Re Varat Enterprises, Inc., Debtor. First Union Commercial Corporation v. Nelson, Mullins, Riley and ScarboroughCourt of Appeals for the First Circuit · 1996
  3. In the Matter of Barbara Garfinkle, Bankrupt. Arthur Dooley, Trustee, and Penthouse International, Ltd. v. Kenneth J. Weil, Trustee in BankruptcyCourt of Appeals for the Eleventh Circuit · 1982
  4. In Re Dolores Benedict, A/K/A Dolores Cogliano, Debtor. European American Bank v. Dolores Benedict, A/K/A Dolores CoglianoCourt of Appeals for the Second Circuit · 1996
  5. In the Matter of Charles Simpson Christopher, Debtor. Sequa Corporation v. Charles Simpson ChristopherCourt of Appeals for the Fifth Circuit · 1994

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3Cited by36 opinions

  1. In Re: Farmland Industries, Inc., Debtor. Official Committee of Unsecured Creditors v. Farmland Industries, Inc.Court of Appeals for the Eighth Circuit · 2005
  2. Tatge v. Tatge (In Re Tatge)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997
  3. United States v. AvantsCourt of Appeals for the Fifth Circuit · 2002
  4. In Re M & S Grading, Inc.Court of Appeals for the Eighth Circuit · 2008
  5. McGowan v. Ries (In Re McGowan)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1998

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