Legal Opinion

In re Powell

District Court, W.D. Missouri

Decided February 14, 1985No. Bankruptcy No. 83-02951-S-11Published

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JOEL PELOFSKY, Bankruptcy Judge.

In this case Commerce Bank of Springfield claims a security interest in the residence owned by debtors. Mrs. Powell contends that the security interest is not valid as to her asserting that the guaranty which gave rise to the obligation was without consideration and the result of duress as well as fraudulent and unconscionable conduct on the part of Bank officers and employees.

A hearing was held on the Bank’s motion to determine secured status. Debtors appeared in person and by their respective counsel. The Bank appeared by counsel…

2Cases cited8 opinions

  1. Empire Gas Corp. v. Small's LP Gas Co.Missouri Court of Appeals · 1982
  2. Weisert v. BrammanSupreme Court of Missouri · 1948
  3. Radford v. RadfordSupreme Court of Missouri · 1965
  4. Drake v. GreenerMissouri Court of Appeals · 1975
  5. United Tel. Co. of Missouri v. HornMissouri Court of Appeals · 1980

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