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First Nat'l Bank North Platte v. Jimmy R. Carlson & Sylvia D. Carlson (In re Carlson), Ch. 7, BK08-41305-TLS, A08-4076-TLS (Oct. 15, 2009)

The court denied summary judgment and ordered a trial on a ยง 523(a)(2)(B) claim after determining that a settlement agreement between the parties in a state-court replevin action did not preclude the bank from pursuing collection of the deficiency remaining on the underlying debt. The terms of the agreement did not indicate the payments received in the settlement would be considered payment in full, nor were there any provisions in the agreement releasing the debtors from further liability.

Date: 
Thursday, October 15, 2009
Judge: 
Judge Thomas L. Saladino