Legal Opinion
Couture v. Pawtucket Credit Union
Supreme Court of Rhode Island
Decided January 29, 2001No. 99-400-AppealPublishedCited by 6 opinions
1Opinion of the Court
OPINION
FLANDERS, Justice.
Does a creditor’s contractual right to apply deposited funds against a debt owed to it survive the debtor’s bankruptcy? More particularly, under an agreement with its account holders, can a bank apply the funds deposited in the holders’ joint accounts against the balance due on a holder’s defaulted mortgage loan, notwithstanding the discharge of the holder’s mortgage debt in bankruptcy? For the reasons set off below, we answer these questions in the affirmative.
Facts and Travel
On November 15, 1986, Donald E. Couture (debtor), and Madeline C. Girard executed a…
2Cases cited15 opinions
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
- Higgins v. New Balance Athletic Shoe, Inc.Court of Appeals for the First Circuit · 1999
- Bankr. L. Rep. P 73,372 in Re Nathan Davidovich and Amy Jill Davidovich, Debtors. Nathan Davidovich and Christine Jobin, Trustee v. Charles WeltonCourt of Appeals for the Tenth Circuit · 1990
- United States of America, Acting Through the Agricultural Stabilization and Conservation Service v. Willis R. GerthCourt of Appeals for the Eighth Circuit · 1993
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3Cited by6 opinions
- In Re BourneUnited States Bankruptcy Court, E.D. Tennessee · 2001
- Summers v. Financial Freedom Acquisition LLCCourt of Appeals for the First Circuit · 2015
- RBS Citizens Bank, N.A. v. IsslerSupreme Court of Rhode Island · 2011
- Batty v. Abbott Street Realty, Inc.Superior Court of Rhode Island · 2009
- Couture v. Pawtucket Credit UnionSupreme Court of Rhode Island · 2001
1 more not listed; retrieve them via the Exa API.