Legal Opinion

In Re Freese

United States Bankruptcy Court, N.D. Iowa

Decided September 6, 1990No. 19-00187PublishedCited by 2 opinions

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

  1. Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
  2. Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
  3. B & B Asphalt Co. v. T. S. McShane Co.Supreme Court of Iowa · 1976
  4. Francis Lovely v. Oscar LaliberteCourt of Appeals for the First Circuit · 1974
  5. Household Consumer Discount Co. v. VespazianiSupreme Court of Pennsylvania · 1980

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3Cited by2 opinions

  1. Carpenter v. Farm Credit Services of Mid-AmericaIndiana Supreme Court · 1995
  2. In Re NelsonUnited States Bankruptcy Court, D. South Dakota · 1991

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