Legal Opinion
United States v. Robert A. Contestabile, Randelle Thornburgh
Court of Appeals for the Eleventh Circuit
Decided April 27, 1993No. 92-8195PublishedCited by 4 opinions
1Opinion of the Court
TJOFLAT, Chief Judge:
This case turns on the effect of a guarantor’s waiver of rights prior to a debtor’s default on a loan made in participation with the Small Business Administration (SBA). We follow Georgia law’s clear guidance and conclude that the pre-default waiver is not effective. Accordingly, we reverse the district court’s grant of summary judgment against the guarantor and remand the case for further proceedings, but we affirm the court's grant of summary judgment with respect to the guarantor’s setoff defenses.
I
On December 3, 1985, A Touch of Brass, Inc. (Brass) executed and…
2Cases cited6 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Reeves v. Habersham BankSupreme Court of Georgia · 1985
- Branan v. Equico Lessors, Inc.Supreme Court of Georgia · 1986
- United States Ex Rel. Farmers Home Administration v. KennedySupreme Court of Georgia · 1986
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3Cited by4 opinions
- AAR Aircraft & Engine Group, Inc. v. EdwardsCourt of Appeals for the Seventh Circuit · 2001
- AAR Aircraft v. Edwards, CharlesCourt of Appeals for the Seventh Circuit · 2001
- Aar Aircraft & Engine Group, Inc. v. Charles EdwardsCourt of Appeals for the Seventh Circuit · 2001
- United States v. Helene Donna Alpert, United States of America v. Carl Henry AlpertCourt of Appeals for the Eleventh Circuit · 1994