Fischer, et al. v. Great Western Bank, No. 13-6043 (8th Cir. 2013)
Annotate this CaseDebtors filed a motion requesting findings of contempt against Great Western. The bankruptcy court denied debtors' motion, concluding that there was no time frame within which the bank was required to file an amended UCC financing statement. The bankruptcy appellate panel affirmed the bankruptcy court's denial of the motion because the order approving the stipulation was not clear, unambiguous or certain.
Court Description: Bankruptcy Appellate Panel. The bankruptcy court did not err in finding that the bank's failure to promptly file an amended UCC statement did not rise to the level of contempt as the order in question did not clearly and unambiguously require the bank to perform the action and the parties' stipulation, which obligated the bank to file the statement, did not require it to be performed within any specified time frame.
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