Tag Archives: guarantees

Non-Dischargeable Debts: Some Lies Matter More Than Others

Bandi v. Becnel (In re Bandi), 683 F.3d 671 (5th Cir. 2012) – In Bandi, the debtors made false statements regarding their ownership of particular real estate.  The Fifth Circuit upheld a finding that debts incurred in reliance on those … Continue reading

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Mortgage Loan Sales / Guarantees: Freedom of Contract And Double Counting

In re Kaid, 472 B.R. 1 (Bankr. E.D. Mich. 2012) – Can a mortgagee retain the right to collect on a guarantee after a sale of the guaranteed note and mortgage?  In Kaid, the answer was yes; but to avoid … Continue reading

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