Legal Opinion

Werth v. First Interstate Bank of Denver N.A. (In Re Werth)

District Court, D. Colorado

Decided November 4, 1985No. Civ. A. No. 84-K-2258, Bankruptcy No. 80 B 03483 MPublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

IntraWest Bank of Denver appeals from the January 31, 1984 decision of Judge Jay L. Gueck in the bankruptcy court, 37 BR 979. The bankruptcy court’s January 31 order held that the damages sustained by Elmer Werth as a result of the bank’s breach of contract exceeded the claim filed by the bank as an unsecured claimant in the personal bankruptcy of Elmer Werth. Therefore, the bankruptcy judge disallowed the bank’s claim for $525,634.39 in its entirety.

In reviewing the order of a bankruptcy court, the “[findings of fact shall not be set aside…

2Cases cited8 opinions

  1. Pepper v. LittonSupreme Court of the United States · 1939
  2. Pomeroy v. WaitkusSupreme Court of Colorado · 1973
  3. Leaseamerica Corporation v. Richard Lee Eckel and Lois Thelma Eckel D/B/A Whispering Downs Arena & Turf ClubCourt of Appeals for the Tenth Circuit · 1983
  4. Woodmar Realty Co. v. McLeanCourt of Appeals for the Seventh Circuit · 1957
  5. In Re Elkins-Dell Manufacturing CompanyDistrict Court, E.D. Pennsylvania · 1966

3 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. In Re Christina Thompson, Debtor. Sanford A. Kowal v. Charles M. MalkemusCourt of Appeals for the First Circuit · 1992
  2. In Re MorrisonUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
  3. In Re PadgetUnited States Bankruptcy Court, D. Colorado · 1990
  4. Pacific Energy & Minerals, Ltd. v. Austin (In Re Austin)United States Bankruptcy Court, D. Colorado · 1988
  5. Tague & Beem, P.C. v. Tague (In Re Tague)United States Bankruptcy Court, D. Colorado · 1991

9 more not listed; retrieve them via the Exa API.

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