State Law Library of Montana

Notices of new Opinions and Orders from the Montana Supreme Court, Library Announcements, Research Tips, and Montana Legal News

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Archive for the 'Debtor/Creditor' Category


OPINION: Lynes v. Helm

Posted by mtlawlibrary on September 12, 2007

The Montana Supreme Court has issued an Opinion in the following matter:

No. 05-724,

2007 MT 226,

EDWARD H. LYNES, a/k/a EDWARD J. LYNES,

PATRICIA LYNES, and HIGH COUNTRY ROCKIN

ROUNDUP, L.L.C., a Montana Limited Liability

Company,

Plaintiffs and Appellants,

v.

MATT HELM, MYRNA MINTYALA,

CHRISTINE DEBUFF, and DARRELL TUSS,

Defendants and Respondents.

Posted in Civil, Debtor/Creditor, Discovery, Fiduciary Duty, LLC, Summary Judgment | No Comments »

OPINION: Wells Fargo Bank v. Talmage

Posted by mtlawlibrary on February 21, 2007

The Montana Supreme Court has issued an Opinion in the following case:

No. 05-706,

2007 MT 45,

WELLS FARGO BANK,

Plaintiff and Respondent,

v.

JOHN ROBERT TALMAGE, d/b/a

TALMAGE AUTO CENTER,

Defendant and Appellant.

Posted in Arbitration, Banking, Civil, Debtor/Creditor, Default, Opinion, Summary Judgment | No Comments »

OPINION: Citibank v. Dahlquist

Posted by mtlawlibrary on February 13, 2007

The Montana Supreme Court has issued an Opinion in the following matter:

No. DA 06-0170,

2007 MT 42,

CITIBANK (SOUTH DAKOTA) N.A.,

Plaintiff and Respondent,

v.

DOC L. DAHLQUIST,

Defendant and Appellant.

Posted in Arbitration, Banking, Civil, Debtor/Creditor, Opinion | No Comments »

OPINION: Bank of America v. Dahlquist

Posted by mtlawlibrary on February 8, 2007

The Montana Supreme Court has issued an Opinion in the following matter:

No. DA 06-0165,

2007 MT 32,

BANK OF AMERICA, N.A. (USA),

Plaintiff and Respondent,

v.

DOC L. DAHLQUIST,

Defendant and Appellant.

Posted in Arbitration, Banking, Civil, Contract, Debtor/Creditor, Opinion | No Comments »

NEW BOOKS: New books on debtor/creditor law & bankruptcy

Posted by mtlawlibrary on January 16, 2007

The State Law Library has recently obtained 3 new books on debtor/creditor law and bankruptcy:

Creditors’ Rights (4th ed., 2006, 956 pages), by The Honorable Alexander L. Paskay, Chief U.S. Bankruptcy Judge Emeritus of the Middle District of Florida and adjunct professor of law, Stetson University College of Law

Strategies for Creditors in Bankruptcy Proceedings (5th ed., 2007, 874 pages), by Lynn M. Lopucki, Security Pacific Bank Professor of Law at the UCLA Law School, and Christopher R. Mirick, associate attorney, Weil Gotshal & Manges, LLP

Oceana’s Legal Almanac Series: Law for the Layperson:  Dealing with Debt (2007, 186 pages), by Margaret C. Jasper, attorney-at-law

Contact the Circulation Desk for information on borrowing these books:  444-3660 or 800-710-9827.

Posted in Bankruptcy, Debtor/Creditor, New Book | No Comments »

OPINION: McCoy v. First Citizen’s Bank

Posted by mtlawlibrary on November 29, 2006

The Montana Supreme Court has issued an Opinion in the following case:

No. 05-507,

2006 MT 307,

MICHAEL J. MCCOY and DIANE P. MCCOY,

Plaintiffs and Appellants,

v.

FIRST CITIZENS BANK,

Defendant and Respondent.

Posted in Civil, Debtor/Creditor, Fiduciary Duty, Good Faith and Fair Dealing | No Comments »

OPINION: Valley Bank v. Hughes

Posted by mtlawlibrary on November 9, 2006

The Montana Supreme Court has issued an Opinion in the following case:

No. 05-361,

2006 MT 285,

VALLEY BANK OF RONAN,

Plaintiff, Counterdefendant

and Respondent,

v.

CHARLES R. HUGHES, Trustee under

Charles R. Hughes Loving Trust,

Defendant, Counterclaimant

and Appellant.

Posted in Banking, Civil, Debtor/Creditor, Expert Witness, Negligent Misrepresentation, Opinion, Preemption, UCC | No Comments »

OPINION: Estate of Hjartarson v. Hjartarson

Posted by mtlawlibrary on October 24, 2006

The Montana Supreme Court has issued an Opinion in the following case:

No. 05-271

2006 MT 273

SIGRID HJARTARSON, Personal Representative

of the Estate of GARDAR HJARTARSON,

and SIGRID HJARTARSON,

Plaintiffs, Respondents and

Cross-Appellants,

v.

MARLEEN HJARTARSON, MARIE HJARTARSON,

EVELYN HJARTARSON, and ICELAND FARMS, a partnership,

Defendants and Appellants,

and

JON HJARTARSON, DOREEN GILLESPIE,

and G&S LAND AND CATTLE COMPANY,

Defendants and Respondents.

Posted in Civil, Civil Procedure, Debtor/Creditor, Grantor-Support Agreements, Opinion, Power of Attorney, Rescission, Statute of Limitations | No Comments »

OPINION: Precision Theatrical Effects v. United Banks

Posted by mtlawlibrary on September 29, 2006

The Montana Supreme Court has issued an Opinion in the following:

No. 05-565

2006 MT 236

PRECISION THEATRICAL EFFECTS, INC.,

a Montana corporation, and RUSSELL R.

NICKEL, an individual,

Plaintiffs and Appellants,

v.

UNITED BANKS, N.A., formerly known as

UNITED BANK OF COLUMBUS, N.A.,

Defendant and Respondent.

 

Posted in Bad Faith/Unfair Dealing, Banking, Civil, Contract, Debtor/Creditor, Opinion | No Comments »

OPINION: Denton v. First Interstate Bank of Commerce

Posted by mtlawlibrary on September 7, 2006

The Montana Supreme Court has issued an Opinion in the following case: 

No. 05-215

2006 MT 193

MARK DENTON and VERNA R. DENTON,

Plaintiffs and Appellants,

v.

FIRST INTERSTATE BANK OF COMMERCE,

n/k/a FIRST INTERSTATE BANK,

Defendant and Respondent.

Posted in Civil, Civil Procedure, Contract, Contract of Adhesion, Debtor/Creditor, Opinion, Suretyship, UCC | No Comments »