Legal Opinion
In Re R. Clare Gerlach and Lois F. Gerlach, Debtors. John Deere Company v. R. Clare Gerlach and Lois F. Gerlach
Court of Appeals for the Tenth Circuit
Decided March 7, 1990No. 87-2118PublishedCited by 69 opinions
1Opinion of the Court
LOGAN, Circuit Judge.
Plaintiff John Deere Company sought a determination in the bankruptcy court that the debt owed it by defendant R. Clare Gerlach is not dischargeable in the bankruptcy of defendant and his wife because it was procured through fraud. The bankruptcy court held that the entire debt is dischargeable, and the district court affirmed. We reverse and remand for a determination of the amount of the debt that is not dischargeable.
In 1977, defendant and his son formed a corporation to hold a John Deere dealership. Pursuant to the dealership arrangement, defendant personally…
2Cases cited19 opinions
- In the Matter of Michael VAN HORNE. Margaret CASPERS, Appellee, v. Michael VAN HORNE, AppellantCourt of Appeals for the Eighth Circuit · 1987
- In Re Gerald T. BLACK and Denise B. Black, Debtors. Garth L. DRIGGS, Plaintiff-Appellant, v. Gerald T. BLACK, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1986
- BIRMINGHAM TRUST NATIONAL BANK, a National Banking Association, Plaintiff-Appellee, v. John P. CASE, Jr., Defendant-AppellantCourt of Appeals for the Eleventh Circuit · 1985
- In Re LimingCourt of Appeals for the Tenth Circuit · 1986
- James Kendall Clancy v. The First National Bank of Colorado SpringsCourt of Appeals for the First Circuit · 1969
14 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- In Re Louis S. St. Laurent, Ii, Debtors. Louis S. St. Laurent, II v. William J. Ambrose and Patty A. AmbroseCourt of Appeals for the Eleventh Circuit · 1993
- Foley & Lardner v. Biondo (In Re Biondo)Court of Appeals for the Fourth Circuit · 1999
- Ojeda v. GoldbergCourt of Appeals for the Seventh Circuit · 2010
- In the Matter of Robert William Norris and Emily Waller Norris, Debtors. Robert William Norris v. First National Bank in LulingCourt of Appeals for the First Circuit · 1995
- In the Matter of Dorothy McFARLAND, Debtor-Appellee. Appeal of SOUTH DIVISION CREDIT UNIONCourt of Appeals for the Seventh Circuit · 1996
64 more not listed; retrieve them via the Exa API.