About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Case Citations [i] (July 2016 through April 2017)

handle is hein.ali/relwsec0585 and id is 1 raw text is: SECURITY DIVISION II. SURETYSHIP CHAPTER 5. SURETY AND CREDITOR § 128. Modification of Principal's Duty Ct.Int'l Trade, 2015. Cit. in sup. In consolidated actions, the United States, on behalf of the United States Customs and Border Protection Agency, sought to recover on customs bonds issued by surety to secure unpaid duties on garlic, mushrooms, and potassium permanganate imported into the United States from China. This court denied in part the parties' cross-motions for summary judgment, holding that questions of fact remained as to whether defendant was prejudiced by plaintiff s failure to provide statutorily required notice to surety that liquidation of imported merchandise had been suspended. The court cited Restatement of Security § 128 in support of the proposition that, generally, under insurance law, if a surety was prejudiced by the actions of the insured, then the contract of insurance could be voided in whole or in part. United States v. American Home Assurance Company, 151 F.Supp.3d 1328, 1350. § 141. Subrogation D.Mass.Bkrtcy.Ct.2016. Subsec. (d) cit. and quot. in sup., cit. in case cit. in sup. Creditor objected to a confirmation of debtors' Chapter 13 bankruptcy plan, alleging that the plan failed to treat as secured creditor's claim, which was based on a debt that he paid in full to lender for which both he and debtors were guarantors. This court sustained creditor's objection, holding that creditor was subrogated to the lender's position against debtors. The court relied on caselaw that cited Restatement of Security § 141 and Restatement Third of Suretyship and Guaranty § 28 in support of its determination that a guarantor was allowed to proceed against a coguarantor on the basis of subrogation. In re Morrison, 555 B.R. 92, 95, 96. A U For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most