Clancy v. Mather

Type

Opinion of the Court

Author

John Carbone Porfilio

Filed

June 7, 2002

Case

Clancy v. Mather

Case status

Decided

The first passage of the document, as extracted by the source provider.

ORDER AND JUDGMENT * JOHN C. PORFILIO, Senior Circuit Judge. Lena Clancy appeals the district court’s affirmance of the bankruptcy court’s conclusion Ms. Clancy owes a debt to Kenneth G.M. Mather, the Chapter 11 Trustee for Honey Creek (Trustee), based on a promissory note she executed in favor of Honey Creek Entertainment, Inc. Trustee cross appeals the district court’s reversal of the bankruptcy court’s finding that the amount of the debt was evidenced by the sum revealed by Honey Creek’s income tax returns, rather than the amount of the loan actually funded to Ms. Clancy. On Ms. Clancy’s appeal, we conclude the question of whether the district court’s holding on the note was erroneous is not justiciable because of subsequent circumstances. We believe, however, the district court correctly reversed the bankruptcy court’s finding on the amount of the debt. The parties are well aware of the facts; therefore, we need not set them forth in detail. Suffice that the controversy revolves around an instrument purporting to be a promissory note evidencing a debt from Lena Clancy to the Debtor, Honey Creek. The Trustee brought this action to enforce that debt. The bankruptcy court held the…

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