- 7 - On March 28, 1989, a Discharge Order was issued with respect to petitioner’s chapter 7 bankruptcy proceeding. Petitioner’s bankruptcy schedules listed unsecured creditor’s claims totaling $216,820, more than $100,000 of which were discharged in bankruptcy. The SBA filed with the bankruptcy court a creditor’s claim against petitioner and James in the amount of $49,646, arising from its emergency disaster loan to Foust Bros. Farms. The FMHA filed creditor’s claims with the bankruptcy court arising from a disaster loan to Foust Brother’s Farms against petitioner and James in the amounts of $56,505 and $48,700, respectively. In response to a complaint filed on behalf of the SBA and FMHA by the U.S. Attorney’s Office for the Southern District of Iowa, the bankruptcy court held, following a trial, that petitioner and James were personally liable for the debts of Foust Bros. Farms and that their debts to the SBA and the FMHA were not dischargeable in bankruptcy. The bankruptcy court entered judgments against petitioner, in favor of the SBA in the amount of $49,646, and in favor of the FMHA in the amount of $56,505. The findings and order of the bankruptcy court were upheld as to petitioner by the District Court of the Southern District of Iowa and the Court of Appeals for the Eighth Circuit.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011