McCallum Highlands, Ltd. v. Washington Capital Dus, Inc.

STEWART, Circuit Judge:

MeCallum Highlands, LTD., appeals from an adverse summary judgment on an action to avoid certain amended portions of a loan agreement with Washington Capital Dus, Inc. Affirmed in part, vacated in part, and remanded.

FACTS

Ari Susman owned an apartment complex, McCallum Highlands, and wanted to refinance its mortgage. In order to refinance at a lower rate of interest through Washington Capital Dus (‘Washington”), he reorganized as a limited partnership, McCallum Highlands, LTD, (“McCallum”) with himself as general partner. He also obtained an agreement from his previous…