Legal Opinion

Wolfson v. Equine Capital Corp.

Court of Appeals for the Eleventh Circuit

Decided June 27, 1995No. 94-2814PublishedCited by 37 opinions

1Opinion of the Court

BARKETT, Circuit Judge:

Appellant Stephen P. Wolfson (“Wolfson”) appeals from a district court judgment affirming a bankruptcy court’s decision excepting $1,815,805 of Wolfson’s debt from discharge. Because we conclude that the debt was excepted in error, we reverse.

From 1971 to 1990, Wolfson and his brother, Gary, were partners in a horse farm known as the Happy Valley Farm (the “Farm”). In 1987, Equine Capital Corporation (“ECC”) replaced Citibank, N.A., as the Farm’s primary lender, making ten loans to the Farm between 1987 and 1989. For most of these loans, the Farm pledged various…

2Cases cited3 opinions

  1. Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
  2. In the Matter of Larry Eugene Bennett. Larry Eugene Bennett v. W. T. Grant CompanyCourt of Appeals for the Fourth Circuit · 1973
  3. Bankr. L. Rep. P 67,025 in Re Billy F. McGinnis Bankrupt. Bank of Meeker v. Billy F. McGinnisCourt of Appeals for the Tenth Circuit · 1978

3Cited by37 opinions

  1. FCC National Bank v. Gilmore (In Re Gilmore)United States Bankruptcy Court, N.D. Alabama · 1998
  2. Florida Outdoor Equipment Inc. v. Tomlinson (In Re Tomlinson)United States Bankruptcy Court, M.D. Florida · 1998
  3. Lewis v. Lowery (In Re Lowery)United States Bankruptcy Court, N.D. Georgia · 2010
  4. Branch Banking & Trust Co. of Virginia, Inc. v. Powers (In Re Powers)United States Bankruptcy Court, E.D. Virginia · 1998
  5. Bennet v. Wright (In Re Wright)United States Bankruptcy Court, M.D. Georgia · 2002

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