TMG Life Insurance v. Ashner

Larson, J.:

This is an appeal from TMG Life Insurance Company’s (TMG or lender) attempt to enforce the terms of a personal guaranty against the individuals who are the general partners of Royal Crest Associates (RCA), subsequent to RCA’s bankruptcy and the transfer to TMG of the collateral securing TMG’s loan to RCA.

Involved in this appeal are the provisions of notes, guaranties, mortgage and security agreements, and assignments of lease and rents, plus actions by and in the United States Bankruptcy Court for the District of Kansas. We must of necessity set forth the facts in considerable…