Federal Deposit Insurance v. Fordham (In Re Fordham)

OPINION

JAMES F. QUEENAN, Jr., Bankruptcy Judge.

This is a so-called “lender liability” case, replete with all the theories that resourceful counsel can muster. First Mutual Bank for Savings (“First Mutual”), the original plaintiff, has moved for summary judgment with respect to its claims under certain personal guarantees and with respect to Counts I through IV of the counterclaim of the defendants and chapter 11 debtors John Fordham, Dennis Carlson and Roger Carlson (the “Debtors”). The Debtors have filed a cross-motion for summary judgment on Count I of the counterclaim. They have also moved…