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Legal Opinion

Davis Chevrolet, Inc. v. Texoma Financial Corp. (In Re Davis Chevrolet, Inc.)

United States Bankruptcy Court, N.D. Texas

Decided January 7, 1992No. 19-04025PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OP OPINION ON VALIDITY OF A TRUSTEE’S SALE

JOHN C. AKARD, Bankruptcy Judge.

Davis Chevrolet, Inc. (Davis), a debtor-in-possession, claimed that the prepetition foreclosure sale conducted by Texoma Financial Corporation (Texoma) was void for the following reasons:(1) Davis received no notice of the amount due to prevent foreclosure. The court finds that there is no law requiring Texoma to disclose such an amount to Davis and that Davis waived any right to notice by signing the Loan Agreement, the Promissory Note, and the Deed of Trust.(2) Notice of the Trustee’s Sale was sent to…

2Cases cited16 opinions

  1. Houston First American Savings v. MusickTexas Supreme Court · 1983
  2. Shumway v. Horizon Credit Corp.Texas Supreme Court · 1991
  3. Tarrant Savings Association v. Lucky Homes, Inc.Texas Supreme Court · 1965
  4. Walker v. HanesCourt of Appeals of Texas · 1978
  5. Zimmerman v. First American Title Insurance Co., Texas Court of Appeals, 12th District (Tyler)1990

11 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Sanders v. Shelton, Texas Court of Appeals, 3rd District (Austin)1998
  2. Clarence Glen Love, Jr., as Independent of the Estate of Clarence Glen Love v. Mills County State Bank, Texas Court of Appeals, 3rd District (Austin)1997
  3. Sanders v. Shelton, Texas Court of Appeals, 3rd District (Austin)1998

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