Legal Opinion
Willie v. First American National Bank (In Re Willie)
United States Bankruptcy Court, M.D. Tennessee
Decided August 27, 1993No. Bankruptcy No. 393-01771, Adv. No. 393-00136PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
The question presented is whether the “same class” test for enforcement of future advance clauses in security instruments, announced by this court in Third Nat'l Bank v. Johnson (In re Johnson), 9 B.R. 713 (Bankr.M.D.Tenn.1981), survived the enactment of Tenn.Code Ann. § 47-50-112(b) in 1983. The “same class” rule was repudiated by the Tennessee legislature. The following are findings of fact and conclusions of law. Fed.R.Bankr.P. 7052.
I
On March 9, 1990, the debtor and her non-debtor husband borrowed $30,000 from First American National Bank…
2Cases cited9 opinions
- Rogers v. First Tennessee Bank National Ass'nCourt of Appeals of Tennessee · 1987
- Murdock Acceptance Corporation v. JonesCourt of Appeals of Tennessee · 1961
- Wright v. Lincoln County BankCourt of Appeals of Tennessee · 1970
- Third National Bank v. Johnson (In Re Johnson)United States Bankruptcy Court, M.D. Tennessee · 1981
- In Re BatesUnited States Bankruptcy Court, M.D. Tennessee · 1983
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Home Federal Bank, FSB, of Middlesboro v. First National Bank of LafolletteCourt of Appeals of Tennessee · 2002
- In Re LemkaUnited States Bankruptcy Court, E.D. Tennessee · 1996
- In Re PhillipsUnited States Bankruptcy Court, W.D. Missouri · 1993
- In Re WollinUnited States Bankruptcy Court, D. Oregon · 2000
- Cumberland County Bank v. Dee Downs EastmanCourt of Appeals of Tennessee · 2005
1 more not listed; retrieve them via the Exa API.