9 bank, without the approval of Northeast or knowledge of petitioner, let McKee borrow money in Northeast's name that McKee used for highly speculative investments unauthorized by Northeast and for McKee's personal benefit. He also claimed that McKee and one of the bank's officers intentionally misrepresented Northeast's financial condition to induce petitioner to sign the guaranty to the bank, and he sought indemnification from McKee and the bank officer. Petitioner initially contended during the Northeast litigation that he had not guaranteed Northeast's indebtedness to the bank and that he was not liable for payment on the guaranty. However, in 1984, petitioner acknowledged that he had signed the guaranty in January 1980 and was liable to the bank for payment on the guaranty. Robert Williams represented petitioner in the Northeast litigation. These cases were settled in 1988. See paragraph I- E-3, below. 2. Petitioner's Bankruptcy Case In September 1983, petitioner filed a petition in the United States Bankruptcy Court for the District of New Hampshire under chapter 7 of the U.S. Bankruptcy Code, seeking a discharge of all of his debts. On the schedules filed with the Bankruptcy Court, petitioner listed personal property having a value of $7,000 and no real property. Petitioner listed the following debts in his bankruptcy petition: (a) Warner & Stackpole ($7,000); (b)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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