Case Name:
In re The Weber Clinic
Judge:
Judge Allen
Date:
May-12-1988
Case Number(s):
86A-0633
Status:
UNPUBLISHED
Body:
A lender to non-debtors filed a claim in debtor's bankruptcy based on a trust deed to debtor's property that was executed by debtor's president as security for the loan. The court chose not to determine whether the trust deed was enforceable and, instead, considered whether it had been released by lender's settlement with, and release of, one of the loan obligors. The court held that, under Utah law, a lender's release of one of several obligors, made without express written reservation of lender's rights against the other obligors, acts as a release of all obligors from the agreement. Therefore, lender's claim against debtor's estate was denied.
Internal Ref:
Opinion 249
File: