Legal Opinion

In Re Andrew A. Willaert and Frances A. Willaert. Mark C. Halverson v. Le Sueur State Bank

Court of Appeals for the Eighth Circuit

Decided September 23, 1991No. 90-5395PublishedCited by 19 opinions

1Opinion of the Court

FAGG, Circuit Judge.

Mark C. Halverson appeals the district court’s order affirming the bankruptcy court’s decision disallowing recovery on a preferential mortgage. We reverse and remand to the district court with directions to remand to the bankruptcy court for further proceedings consistent with this opinion.

The controlling facts are not complicated. From the mid-1970s until January 1986, Andrew A. Willaert served on Le Sueur Bank’s (the bank) board of directors. In the early 1980s the bank made a number of unsecured loans to Andrew and Frances Willaert (the debtors). In December 1985 the…

2Cases cited2 opinions

  1. Armstrong v. Vedaa (In Re Vedaa)United States Bankruptcy Court, D. North Dakota · 1985
  2. Hunter v. S.K. Austin Co. (In Re Beck)United States Bankruptcy Court, N.D. Ohio · 1982

3Cited by19 opinions

  1. IBT International, Inc. v. Northern (In Re International Administrative Services, Inc.)Court of Appeals for the Eleventh Circuit · 2005
  2. Kaler v. McLaren (In Re McLaren)United States Bankruptcy Court, D. North Dakota · 1999
  3. Leonard v. First Commercial Mortgage Co. (In Re Circuit Alliance, Inc.)United States Bankruptcy Court, D. Minnesota · 1998
  4. Rodriguez v. Drive Financial Services, L.P. (In Re Trout)Court of Appeals for the Tenth Circuit · 2010
  5. Seaver v. Mortgage Electronic Registration Systems, Inc. (In Re Schwartz)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2008

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