Legal Opinion

Deere Credit, Inc. v. Cervantes Nurseries, LLC

Court of Appeals of Washington

Decided November 15, 2012No. 29720-9-IIIPublishedCited by 1 opinion

1Opinion of the CourtSweeney, J.

¶1 — A creditor proceeded with collection

efforts on some promissory notes in superior court against the defendants; one of the defendants was in a Chapter 11 bankruptcy proceeding. The defendants objected to the state court proceedings and argued that they violated Washington’s single-action rule (RCW 61.12.120). We conclude that the state court proceedings did not duplicate the bankruptcy proceedings and do not therefore violate the single-action rule, and we affirm the court’s summary judgment in favor of the creditor.

FACTS

¶2 Deere Credit Inc. loaned approximately $3,800,000 to Cervantes…

2Cases cited5 opinions

  1. WASH. STATE FARM BUREAU FEDER. v. GregoireWashington Supreme Court · 2007
  2. Washington State Farm Bureau Federation v. GregoireWashington Supreme Court · 2007
  3. American Federal Savings & Loan Ass'n of Tacoma v. McCaffreyWashington Supreme Court · 1986
  4. In Re 1020 Warburton Avenue Realty Corp.United States Bankruptcy Court, S.D. New York · 1991
  5. Advance Thresher Co. v. SchimkeWashington Supreme Court · 1907

3Cited by1 opinion

  1. State of Washington v. Charlotte D. BergenCourt of Appeals of Washington · 2015

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