Legal Opinion

In the Matter of Phyllis Maxine Pence, Debtor. Appeal of Pacesetter Bank of Montpelier

Court of Appeals for the Seventh Circuit

Decided July 13, 1990No. 89-2416PublishedCited by 137 opinions

1Opinion of the Court

HARLINGTON WOOD, Jr., Circuit Judge.

Pence’s Garden and Gift Center and Village Pottery in Montpelier, Indiana is at the center of this dispute. Until her September 1987 voluntary chapter 13 bankruptcy petition, Phyllis Pence operated this business as a sole proprietorship.

Every bankruptcy case needs a creditor, and in this case, the creditor is Pacesetter Bank. In 1976, Mrs. Pence, along with her now-deceased husband, had borrowed $45,-000 and $18,512 in separate transactions with Pacesetter Bank. To secure these debts, Pacesetter Bank had received first and second mortgages on the Pences’…

2Cases cited19 opinions

  1. In Re Benjamin Pierce Simmons, Bankrupt. Benjamin Pierce Simmons v. J.T. SavellCourt of Appeals for the Fifth Circuit · 1985
  2. Long v. BullardSupreme Court of the United States · 1886
  3. Long and Wife v. BullardSupreme Court of the United States · 1886
  4. In the Matter of Gerald Lewis Tarnow, Debtor. Appeal of Commodity Credit CorporationCourt of Appeals for the Seventh Circuit · 1984
  5. In Re Longardner & Associates, Inc., Debtor. Appeal of Landahl, Brown & Weed Associates, IncCourt of Appeals for the Seventh Circuit · 1988

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3Cited by137 opinions

  1. James W. Adair v. Michael L. Sherman and Sherman & ShermanCourt of Appeals for the Seventh Circuit · 2000
  2. In Re Diana Lynn HARVEY, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 2000
  3. In the Matter Of: Warren C. Chappell and Barbara A. Chappell, Doing Business as Mister Photographer, Debtors, Appeal Of: Homebanc, IncorporatedCourt of Appeals for the Seventh Circuit · 1993
  4. In the Matter of Walter Howard and Verlean Howard, Debtors. Sun Finance Company, Inc. v. Walter Howard and Verlean HowardCourt of Appeals for the Fifth Circuit · 1992
  5. In Re William FESQ, Debtor. BRANCHBURG PLAZA ASSOCIATES, L.P., Appellant, v. William FESQCourt of Appeals for the Third Circuit · 1998

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