Legal Opinion

Gulati v. McClendon (In Re McClendon)

United States Bankruptcy Court, D. Maryland

Decided August 11, 2009No. 19-11535PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OPINION DETERMINING DEBT TO BE DISCHARGEABLE

JAMES F. SCHNEIDER, Bankrupcy Judge.

The instant complaint seeks the nondis-chargeability of debt related to the breach of a so-called “equity participation contract” between the parties. The contract called for Vinay Gulati (“Gulati” or “the plaintiff’) to lend $23,000 to Paul and Capri McClendon (“the McClendons” or “the defendants”) for the purchase of a residence, purportedly in exchange for a 50% interest in whatever equity would exist in the residence at a future sale. The contract was written without the assistance of counsel and…

2Cases cited33 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  3. Field v. MansSupreme Court of the United States · 1995
  4. Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
  5. O'Dell v. NetherlandSupreme Court of the United States · 1997

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3Cited by8 opinions

  1. Freedom Medical, Inc. v. Janssens (In Re Janssens)United States Bankruptcy Court, D. Maryland · 2010
  2. Phillip v. Reecher (In re Reecher)United States Bankruptcy Court, D. Maryland · 2014
  3. Kovens v. Goodwich (In re Goodwich)United States Bankruptcy Court, D. Maryland · 2014
  4. Ghadimi v. AshaiDistrict Court, C.D. California · 2016
  5. Stewart Title Guaranty Co. v. McCarthy (In re McCarthy)United States Bankruptcy Court, D. Massachusetts · 2012

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