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Legal Opinion

Flathead Bank of Bigfork v. Masonry by Muller, Inc.

Montana Supreme Court

Decided October 25, 2016No. DA 16-0226PublishedCited by 8 opinions

1Opinion of the CourtJustice Wheat

¶1 William Muller (Muller) appeals from the order of the Eleventh Judicial District Court, Flathead County, granting Flathead Bank of Bigfork’s (Flathead Bank) motion for summary judgment. We affirm.

¶2 We restate the issues on appeal as follows:

Issue one: Did the District Court err in finding that the issuance of an IRS Form 1099-C does not constitute a discharge of debt?

Issue two: Did the District Court err in finding that Muller could not personally appear on behalf of Masonry?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 Between March 2010 and May 2013, Masonry by Muller, Inc. (Masonry) and Flathead…

2Cases cited13 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Christensen v. Harris CountySupreme Court of the United States · 2000
  3. Federal Deposit Insurance Corporation v. Avery Cashion, IIICourt of Appeals for the Fourth Circuit · 2013
  4. Pilgeram v. Greenpoint Mortgage Funding, Inc.Montana Supreme Court · 2013
  5. Brad v. City of MissoulaMontana Supreme Court · 2009

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3Cited by8 opinions

  1. Barrett, A. v. M&B Medical Billing, Inc.Superior Court of Pennsylvania · 2022
  2. First National v. Hilstead TrustMontana Supreme Court · 2020
  3. T. Sliwinski v. StateMontana Supreme Court · 2020
  4. Barrett, A. v. M&B Medical Billing, Inc.Superior Court of Pennsylvania · 2022
  5. Bennie E. Harris v. Aurora Loan Services, a Wholly Owned Subsidiary of Nationstar Mortgage, LLC, Nationstar Mortgage, LLC, a Wholly Owned Subsidiary of Nationstar Mortgage Holdings, Inc. d/b/a Mr. Cooper, NS193, LLC, Mortgage Electronic Registration System, Inc., a Wholly Owned Subsidiary of Merscorp Holdings d/b/a Ice Mortgage Technology, McCalla Raymer Leibert Pierce, LLC and Statebridge Company, LLCCourt of Appeals of Mississippi · 2026

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