Legal Opinion

Fix v. First State Bank of Roscoe

Court of Appeals for the Eighth Circuit

Decided March 17, 2009No. 07-1792, 07-1798PublishedCited by 27 opinions

1Opinion of the Court

BYE, Circuit Judge.

This bankruptcy proceeding involves a dispute between Rita Fix and the First State Bank of Roscoe (the Bank) over Fix’s home, which the Bank sold to a third party despite representing to Fix she could possess the home as long as she lived. The district court determined Fix enjoyed a homestead right in the property. The district court also determined she did not — by signing a settlement agreement with the Bank — release the claims she may have against the Bank for its alleged misconduct related to selling her home.

The Bank appeals, arguing Fix only had a contractual…

2Cases cited11 opinions

  1. Segal v. RochelleSupreme Court of the United States · 1966
  2. Nelson v. WEB Water Development Ass'n, Inc.South Dakota Supreme Court · 1993
  3. In Re: Daryl Lee Vote, Debtor. Wayne Drewes, as Bankruptcy Trustee v. Daryl Lee VoteCourt of Appeals for the Eighth Circuit · 2002
  4. Holzer v. Dakota Speedway, Inc.South Dakota Supreme Court · 2000
  5. Westmoreland Human Opportunities, Inc. v. James R. Walsh, Trustee of the Bankruptcy Estate of Life Service Systems, Inc. Life Service Systems, IncCourt of Appeals for the Third Circuit · 2001

6 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Fix v. First State Bank of RoscoeSouth Dakota Supreme Court · 2011
  2. Knudsen v. Internal Revenue ServiceCourt of Appeals for the Eighth Circuit · 2009
  3. County of San Mateo, CA v. Peabody Energy CorporationCourt of Appeals for the Eighth Circuit · 2020
  4. In re RossUnited States Bankruptcy Court, E.D. New York · 2016
  5. Chad Menter Hill v. James L. SnyderCourt of Appeals for the Eighth Circuit · 2019

22 more not listed; retrieve them via the Exa API.

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