Legal Opinion

In re Peter Peter Cottontail, LLC

United States Bankruptcy Court, D. Arizona

Decided September 19, 2013No. Nos. 2:12-bk-23574-RJH, 2:12-bk-23577-RJH, 2:12-bk-23579-RJH, 2:12-bk-23581-RJHPublishedCited by 1 opinion

1Opinion of the Court

OPINION RE: ENFORCEABILITY OF UNSIGNED LOAN MODIFICATION AGREEMENT

RANDOLPH J. HAINES, Chief Judge.

The issue in this case is whether a loan modification agreement negotiated between the Debtors and Everkrisp Vegetables, Inc. (“Everkrisp”) satisfied the Arizona Statute of Frauds or any of its exceptions. The Court concludes that the agreement did satisfy the Arizona Statute of Frauds, and even had it not, exceptions to the Statute of Frauds apply in this case to make the agreement’s terms enforceable.

Background Facts

In March 2006, South Bethany 303, LLC (“South Bethany”), a…

2Cases cited16 opinions

  1. Burns v. . McCormickNew York Court of Appeals · 1922
  2. Trollope v. KoernerArizona Supreme Court · 1970
  3. Tiffany Incorporated v. WMK Transit Mix, Inc.Court of Appeals of Arizona · 1972
  4. Df Activities Corporation, a Michigan Corporation v. Dorothea F. BrownCourt of Appeals for the Seventh Circuit · 1988
  5. Snyder v. HSBC Bank, USA, N.A.District Court, D. Arizona · 2012

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3Cited by1 opinion

  1. Parker v. SoukiDistrict Court, D. Colorado · 2025

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