In Re Freese
United States Bankruptcy Court, N.D. Iowa
1Opinion of the Court
RULING ON FCBO’s MOTION FOR SUMMARY JUDGMENT
WILLIAM L. EDMONDS, Bankruptcy Judge.
The debtors, Glenn and Donna Freese (the FREESES), have objected to a proof of claim filed by Farm Credit Bank of Omaha (FCBO). Debtors contend that FCBO’s claim includes excessive interest charges. The excessive interest allegedly results from a breach of the Farm Credit Act. Debtors ask that the claim of FCBO be reduced. FCBO filed a motion for summary judgment contending that Freeses are precluded from raising the interest rate issue.
I
In April, 1979, the Freeses signed a promissory note to The Federal Land…
2Cases cited23 opinions
- Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
- Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
- B & B Asphalt Co. v. T. S. McShane Co.Supreme Court of Iowa · 1976
- Francis Lovely v. Oscar LaliberteCourt of Appeals for the First Circuit · 1974
- Household Consumer Discount Co. v. VespazianiSupreme Court of Pennsylvania · 1980
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3Cited by2 opinions
- Carpenter v. Farm Credit Services of Mid-AmericaIndiana Supreme Court · 1995
- In Re NelsonUnited States Bankruptcy Court, D. South Dakota · 1991