Arvest Bank v. Empire Bank, No. 13-6014 (8th Cir. 2014)
Annotate this CaseEmpire Bank appealed from the bankruptcy court's order and judgment declaring that Arvest Bank's judicial lien was superior to the liens asserted by Empire Bank and directing judgment in favor of debtors on their preferential transfer claim against Empire Bank. The panel concluded that Arvest Bank and debtors failed to meet their burden of proof and the bankruptcy court erred in holding that the Empire Bank deed of trust was invalid for a lack of consideration; the "unsecured" language in the guaranty documents was true when they were executed and the status of the guaranties as unsecured changed when the deed of trust was signed but that change in the status of the guaranties was not a latent ambiguity in the Empire Bank deed of trust; the bankruptcy court erred in holding that a latent ambiguity existed where the Empire Bank deed of trust was subject to more than one interpretation; and, after addressing remaining arguments, the panel reversed and remanded for further proceedings.
Court Description: Bankruptcy Appellate Panel. Arvest Bank and debtors failed to meet their burden of proof and the bankruptcy court erred in holding that the Empire Bank deed of trust is invalid for lack of consideration; the language used in the deed of trust is not latently ambiguous and is, in fact, susceptible to only one interpretation - that the deed of trust is security for all obligations the debtors owed Empire Bank; reversed and remanded for further proceedings consistent with the opinion. [ January 07, 2014
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