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Legal Opinion

Liberty National Bank & Trust Co. v. Payton

Indiana Court of Appeals

Decided November 2, 1992No. 59A01-9208-CV-277PublishedCited by 7 opinions

1Opinion of the Court

RATLIFF, Judge.

STATEMENT OF THE CASE

Liberty National Bank and Trust Company ("Liberty") appeals from a judgment in favor of James R. Payton in an action regarding the payment of a debt. We affirm.

ISSUES

We restate the issues as follows:

1. Did the trial court err in finding adequate proof of Payton's bankruptcy court discharge?

2. Was the March 24, 1989 loan ("1989 Loan") a new debt created post-bankruptcy supported by sufficient consideration or a reaffirmation of a debt incurred pre-bank-ruptey?

8. Was Payton equitably estopped from denying liability under the 1989 Loan?

FACTS

On April 80, 1987,…

2Cases cited8 opinions

  1. Sheraton Corp. of Am. v. Kingsford Packing Co., Inc.Indiana Court of Appeals · 1974
  2. Coffey v. WiningerIndiana Court of Appeals · 1973
  3. In Re BowlingUnited States Bankruptcy Court, S.D. Indiana · 1990
  4. In Re PetersenUnited States Bankruptcy Court, D. Colorado · 1990
  5. Kelly v. StateIndiana Supreme Court · 1990

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

3Cited by7 opinions

  1. Dumes v. StateIndiana Court of Appeals · 1999
  2. Mickens v. Waynesboro Dupont Employees Credit Union, Inc. (In Re Mickens)United States Bankruptcy Court, W.D. Virginia · 1999
  3. Little v. Progressive InsuranceIndiana Court of Appeals · 2003
  4. Lucre Corp. v. County of GibsonIndiana Court of Appeals · 1995
  5. Herdrich Petroleum Corp. v. RadfordIndiana Court of Appeals · 2002

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

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