Legal Opinion
AgGeorgia Farm Credit v. Carter LLC (In re Carter)
United States Bankruptcy Court, M.D. Georgia
Decided June 5, 2018No. Case No. 17–70277–JTL Administratively Consolidated; Adversary Proceeding No. 17–07014–JTLPublishedCited by 2 opinions
1Opinion of the Court
Second, James Carter signed a hypothecation agreement dated March 18, 2013 (the "Hypothecation Agreement"). (James Carter's Brief Ex. 5, Pg. 1) In the agreement, James Carter again granted a security interest in the same separately owned tracts in Lowndes County to secure Walt Carter's obligations under the 2013 Loan. Like the Deed to Secure Debt, the Hypothecation Agreement contained an open-end clause. That clause provided: "[James Carter] agrees with the Lender that, to secure payment of the Liabilities (hereinafter defined), the Lender shall have a lien upon, security title to, and a…
2Cases cited29 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
- Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
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3Cited by2 opinions
- NATIONSTAR MORTGAGE LLC v. WilliamsUnited States Bankruptcy Court, M.D. Georgia · 2022
- Shibley v. National Bank of Commerce, DBA, Private Bank of BuUnited States Bankruptcy Court, N.D. Georgia · 2022