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Ronald P. Hasley & Vicki A. Hasley, Ch. 11, BK09-42011 (Dec. 15, 2014)

After a trial, the court overruled the debtors' objections to the claims of their lenders, finding that the debtors had ratified the loans and waived any challenges to the loans' validity by virtue of their conduct and course of dealing with the lender. The court also dispensed with the debtors' "mutual mistakes" argument concerning the loan documents, and ruled that the debtors failed to produce sufficient evidence that they are not liable on the loans to overcome the prima facie validity of the lender's claims. The court also deferred ruling on the lender's motion to appoint a trustee pending the production of additional evidence about unauthorized and undisclosed cash loans allegedly made from estate assets.

Date: 
Monday, December 15, 2014
Judge: 
Judge Thomas L. Saladino