Legal Opinion

Kelaidis v. Community First National Bank (In Re Kelaidis)

Bankruptcy Appellate Panel of the Tenth Circuit

Decided April 19, 2002No. BAP No. UT-01-037. Bankruptcy No. 00-22223. Adversary No. 00-2189PublishedCited by 10 opinions

1Opinion of the Court

OPINION

PUSATERI, Bankruptcy Judge.

Defendant Community First National Bank (“Community”) appeals the bankruptcy court’s judgment disallowing its claim against the chapter 13 debtors (“the Debtors”) based on their guaranties and barring it from foreclosing on two houses they own. For the reasons stated below, we affirm.

Background

In 1996, the Debtors were principals of Dad’s Inc. (“Dad’s”). Community financed most of Dad’s purchase of a restaurant, including both real property and the furniture, fixtures, and equipment located on it. The loan was secured by a trust deed on the real property and…

2Cases cited19 opinions

  1. Salve Regina College v. RussellSupreme Court of the United States · 1991
  2. Scharf v. BMG Corp.Utah Supreme Court · 1985
  3. Landes v. Capital City BankUtah Supreme Court · 1990
  4. FMA Financial Corp. v. Pro-PrintersUtah Supreme Court · 1979
  5. United States v. New Mexico Landscaping, Inc.Court of Appeals for the Tenth Circuit · 1986

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3Cited by10 opinions

  1. Bank of America, N.A. v. Outboard Marine Corp. (In Re Outboard Marine Corp.)United States Bankruptcy Court, N.D. Illinois · 2003
  2. In Re WiersmaUnited States Bankruptcy Court, D. Idaho · 2002
  3. Wagers v. Lentz & Clark, P.A.Court of Appeals for the Tenth Circuit · 2007
  4. Redmond v. Lentz & Clark, P.A. (In Re Wagers)Bankruptcy Appellate Panel of the Tenth Circuit · 2006
  5. Bryan v. Clark (In Re Bryan)Bankruptcy Appellate Panel of the Tenth Circuit · 2009

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

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