Legal Opinion
Lares v. West One Bank
Court of Appeals for the Ninth Circuit
Decided August 31, 1999No. 98-35881PublishedCited by 3 opinions
1Opinion of the Court
T.G. NELSON, Circuit Judge:
The bank in which Cindy Lares had deposited the proceeds of the sale of her home exercised its contractual right to offset the funds in the account against a preexisting business debt personally guaranteed by Lares. She appeals the district court’s order affirming the bankruptcy court’s decision denying her claim that the funds were exempt from setoff.
FACTS AND PROCEDURAL HISTORY
Cindy Lares (“Lares”) and her then husband, Michael, were sole owners of a small incorporated business. The business borrowed approximately $70,000 in two separate transactions from West One…
2Cases cited7 opinions
- Kruger v. Wells Fargo BankCalifornia Supreme Court · 1974
- In Re Eric Anderson and Anna Anderson, Debtors. Redwood Empire Production Credit Association v. Eric Anderson and Anna AndersonCourt of Appeals for the Ninth Circuit · 1987
- State v. Hagerman Water Right Owners, Inc.Idaho Supreme Court · 1997
- Ace Realty, Inc. v. AndersonIdaho Court of Appeals · 1984
- State v. MichaelIdaho Supreme Court · 1986
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In Re Cindy LaresCourt of Appeals for the Ninth Circuit · 1999
- Lieberman v. Hawkins (In re Lieberman)Court of Appeals for the Ninth Circuit · 2001
- Miller v. Kroger Co.Court of Appeals for the Ninth Circuit · 2003