Legal Opinion
Firstsouth, F.A. v. Lawson Square, Inc. (In Re Lawson Square, Inc.)
United States Bankruptcy Court, W.D. Arkansas
Decided May 14, 1986No. Bankruptcy No. FA85-146, Adv. No. CMS 86-162PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION
ROBERT F. FUSSELL, Bankruptcy Judge.
Pending before the Court for decision following the hearing in the above-styled matter on April 21, 1986, is the issue of whether the January 26,1984 loan made by FirstSouth, F.A., (“FirstSouth”) to Lawson Square, Inc., the debtor, is usurious. In order to resolve that issue it must first be determined whether the Depository Institutions Deregulation and Monetary Control Act of 1980 (“Monetary Control Act”) 1 has preempted Arkansas’s usury limitations set forth in Amendment 60 2 for a loan made in this State by a federally insured…
2Cases cited4 opinions
- Bank of Evening Shade v. LindseySupreme Court of Arkansas · 1983
- McInnis v. Cooper Communities, Inc.Supreme Court of Arkansas · 1981
- Troutt v. First Federal Savings & Loan Ass'nSupreme Court of Arkansas · 1983
- First Am. Bank v. Windjammer Time SharingDistrict Court of Appeal of Florida · 1986
3Cited by6 opinions
- Russell v. Fidelity Consumer Discount Co. (In Re Russell)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- U.S. Bank National Ass'n v. ClarkIllinois Supreme Court · 2005
- FirstSouth, F.A. v. Lawson Square, Inc. (In Re Lawson Square, Inc.)Court of Appeals for the First Circuit · 1987
- Commonwealth Edison Co. v. United States Department of Energy and United States of AmericaCourt of Appeals for the D.C. Circuit · 1989
- M. Nahas Co. v. First National BankDistrict Court, W.D. Arkansas · 1990
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