Legal Opinion
Western Farm Credit Bank v. Auza (In Re Auza)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided April 21, 1995No. BAP No. AZ-94-1167-MVAs. Bankruptcy No. 91-01592-TUC-LO. Adv. No. 92-0326PublishedCited by 5 opinions
1Opinion of the Court
OPINION
MacDONALD, Bankruptcy Judge:
This case involves the enforceability of dragnet clauses in Arizona. The appellant, creditor Western Farm Credit Bank (“WFCB”), contends the debtors’ personal guarantee of loans made to a partnership and corporation is secured by dragnet clauses in security agreements and mortgages the debtors executed to obtain unrelated personal loans. The bankruptcy court found the dragnet clauses unenforceable. We AFFIRM.
FACTS AND PROCEEDINGS BELOW
The debtors, Joseph A. Auza, Sr. and Carmen A. Auza, had a fifteen-year history of loan transactions with Western Farm Credit…
2Cases cited13 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- United States v. Hooe Et Al.Supreme Court of the United States · 1805
- In Re Kristine Ballantyne Ewell, Debtor. Kristine Ballantyne Ewell, Debtor-Appellant v. Steven D. Diebert, Trustee-AppelleeCourt of Appeals for the Ninth Circuit · 1992
- Emporia State Bank & Trust Co. v. MounkesSupreme Court of Kansas · 1974
- Union Bank v. WendlandCalifornia Court of Appeal · 1976
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Diamond Bank v. Carter (In Re Carter)United States Bankruptcy Court, W.D. Missouri · 1996
- In Re JerauldUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
- In Re LewisUnited States Bankruptcy Court, E.D. Virginia · 1997
- Alaska Fur Gallery v. First National Bank Alaska (In Re Alaska Fur Gallery Inc.)United States Bankruptcy Court, D. Alaska · 2011
- In Re KimUnited States Bankruptcy Court, S.D. California · 2000