green
Positive treatment
Quoted verbatim 1×
8.7 score
“it is not the court's duty ... to second guess a creditor's decision to make a loan or to set loan policy for the creditor.”
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981
2003
2026
Top citers, strongest first. 32 distinct citers.
How cited ↗
cited
Cited "but see"
Waterbury Community Federal Credit Union v. Magnusson (In Re Magnusson)
But cf. Matter of Garman, 643 F.2d 1252 , 1255-56 n.6 (7th Cir. 1980), cert, denied, 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981) (re: § 17a(2) of Bankruptcy Act of 1898). 2 .
discussed
Cited as authority (quoted)
Harasymiw v. Selfreliance Federal Credit Union
it is not the court's duty ... to second guess a creditor's decision to make a loan or to set loan policy for the creditor.
discussed
Cited "see"
Western Builders of Amarillo, Inc. v. Morrison (In Re Morrison)
See Matter of Garman, 643 F.2d 1252, 1260 (7th Cir.1980), cert. denied, 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981)(“The law recognizes the duty of each to refrain from even attempted deceit of another with whom he deals, and *126 the right of the latter to assume that he will do so,” quoting from Jacobsen v. Whitely, 138 Wis. 434 , 120 N.W. 285, 286 (1909)). 35 B.R. at 411 (Emphasis added).
discussed
Cited "see"
Union Planters Bank, N.A. v. Martin (In Re Martin)
See Matter of Garman, 643 F.2d 1252, 1260 (7th Cir.1980), ce rt. denied, 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981) (although a creditor is not entitled to rely upon an obviously false representation of the debt- or, this does not require him or her to view each representation with incredulity requiring verification).
cited
Cited "see"
Womens Business Initiative Corp. v. Moore (In re Moore)
See In re Garman, 643 F.2d 1252, 1255-56 (7th Cir.1980) cert. denied, 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981); In re Phillips, 804 F.2d 930 , 933 (6th Cir.1986).
discussed
Cited "see"
In Re Nicholas J. Furio and Nannete Furio, Debtors. Bethpage Federal Credit Union v. Nicholas J. Furio
See Northern Trust Co. v. Garman (In re Garman), 643 F.2d 1252, 1260-61 (7th Cir.1980) (“[WJhere ... a person knowingly or recklessly makes a false representation which the person knows or should know, will induce another to make a loan, intent to deceive may logically be inferred.”), cer t. denied, 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981); Citizens Nat’l Bank v. Vandergrift (In re Vandergrift), 35 B.R. 76, 78 (Bankr.D.Md.1983) (debtor’s failure to list arrears in child support payments on a loan application evinced an intent to deceive the creditor).
cited
Cited "see"
In the Matter of Roxolana Harasymiw, Debtor. Selfreliance Federal Credit Union, Cross-Appellant v. Roxolana Harasymiw, Cross-Appellee
See In re Garman, 643 F.2d 1252, 1257-58 (7th Cir.1980), cert. denied, 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981).
discussed
Cited "see"
Goodnow v. Adelman (In Re Adelman)
See Matter of Garman, 643 F.2d 1252, 1256 (7th Cir.1980), ce rt. denied, 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981) (dischargeability should not be denied where a creditor claims reliance on a statement it knew to be false).
discussed
Cited "see"
DKT Memorial Fund Ltd. v. Agency for International Development
See United States v. Demanett, 629 F.2d 862, 866 (3d Cir.1980), cert. denied, 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981) (Colombian nationals aboard a vessel were protected by the fourth amendment); United States v. Cadena, 585 F.2d 1252, 1262 (5th Cir.1978) ("[O]nce we subject ... aliens to criminal prosecution, they are entitled to the equal protection of all our laws, including the [f]ourth [a]mendment.''); United States v. Toscanino, 500 F.2d 267, 280 (2d Cir.1974) (“Like the [fjifth [ajmendment guarantee of due process, the [fjourth [ajmendment refers to and protects ‘peopl…
discussed
Cited "see"
Lawter International, Inc. v. Pryor (In Re Pryor)
See In re Garman, 643 F.2d 1252 (7th Cir.1980), cert. denied, Garman v. Northern Trust Co., 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981) (addressing former Bankruptcy Act); In re Icsman, 64 B.R. 58 (Bankr.N.D.Ohio 1986); In re Nance, 70 B.R. 318 (Bankr.N.D.Tx.1987), In re Lind, 6 B.R. 374, 378 (S.D.Tx.1980) (lender’s decision need not be based solely on financial statement).
discussed
Cited "see"
In Re Suttles
(2×)
See Matter of Borron, 29 B.R. 122, 128 (W.D.Mo.1983). 5 We have stated that the Bankruptcy Code was meant to discharge only an honest debtor from his or her debts, Matter of Garman, 643 F.2d 1252, 1257 (7th Cir.1980), cert. denied, 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981), and that the Code "should be liberally applied to protect the [debtor] only in those cases where there is no intent to violate its provisions," id. (emphasis added).
discussed
Cited "see"
Sovran Bank, N.A. v. Allen (In Re Allen)
See In re Garman, 643 F.2d 1252, 1256 (7th Cir.1980) (holding that reasonableness is circumstantial evidence of actual reliance), cert. denied, 450 U.S. 910 [ 101 S.Ct. 1347 , 67 L.Ed.2d 333 ] ... (1981).
discussed
Cited "see"
United States v. Wright-Barker
See United States v. Demanett, 629 F.2d 862, 868 (3d Cir.1980) (where Coast Guard had reasonable and articulate cause to board ship for documentation verification inspection, Fourth Amendment requirements were satisfied), cert. denied, 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981). 14 Further, the standard is surely met in this case.
discussed
Cited "see"
United States v. Wright-Barker
See United States v. Demanett, 629 F.2d 862, 868 (3d Cir.1980) (where Coast Guard had reasonable and articulate cause to board ship for documentation verification inspection, Fourth Amendment requirements were satisfied), cert. denied, 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981). 14 Further, the standard is surely met in this case.
cited
Cited "see"
Martin v. Bank of Germantown
See In re Garman, 643 F.2d 1252, 1256 (7th Cir.1980) (holding that reasonableness is circumstantial evidence of actual reliance), cert. denied, 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981).
cited
Cited "see"
12 Collier bankr.cas.2d 1129, Bankr. L. Rep. P 70,542 in Re Bill J. Martin and Brenda K. Martin, Debtors. Bill Martin and Brenda Martin, Cross-Appellees v. Bank of Germantown, Cross-Appellant
See In re Garman, 643 F.2d 1252, 1256 (7th Cir.1980) (holding that reasonableness is circumstantial evidence of actual reliance), cert. denied, 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981).
discussed
Cited "see"
First National Bank of Elgin v. Nilles
See Matter of Garman, 643 F.2d 1252, 1260 (7th Cir.1980), cert. denied, 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981) (“The law recognizes the duty of each to refrain from even attempted deceit of another with whom he deals, and the right of the latter to assume that he will do so,” quoting from Jacobsen v. Whitely, 138 Wis. 434 , 120 N.W. 285, 286 (1909)).
discussed
Cited "see"
Roger L. Lyle v. Theodore Koehler and Frank J. Kelley
(2×)
See Rose v. Lundy, 450 U.S. 910 , 101 S.Ct. 1346 , 67 L.Ed.2d 333 (1982). .
cited
Cited "see"
Bank of Commerce v. Ebbin (In Re Ebbin)
See In re Garman, 643 F.2d 1252 (7th Cir.1980), cert. denied, 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981).
discussed
Cited "see"
United States v. Jack Osborn Watson, Jeffrey Craig Evenson, and Dale Stanley Browning
See United States v. Demanett, 629 F.2d 862 (3d Cir. 1980), cert. denied, 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981): The defendants urge that ... the plain view fruits of the documentation verification should nevertheless be suppressed because documentation verification was a mere pretext for a criminal investigative search.
discussed
Cited "see"
Ellis v. Great Southwestern Corporation
See Reyno v. Piper Aircraft Co., 630 F.2d 149, 164-65 (3d Cir. 1980), cert. granted, -- U.S. --, 101 S.Ct. 1346 , 67 L.Ed.2d 333 (1981). 11 The result of our holding will be to "ensure that the 'accident' of federal diversity jurisdiction does not enable a party to utilize a transfer to achieve a result in federal court which could not have been achieved in the courts of the State where the action was filed." Van Dusen, 376 U.S. at 638 , 84 S.Ct. at 820 .
discussed
Cited "see"
Ellis v. Great Southwestern Corp.
See Reyno v. Piper Aircraft Co., 630 F.2d 149, 164-65 (3d Cir. 1980), cert. granted ,—U.S.-, 101 S.Ct. 1346 , 67 L.Ed.2d 333 (1981). 11 The result of our holding will be to “ensure that the ‘accident’ of federal diversity jurisdiction does not enable a party to utilize a transfer to achieve a result in federal court which could not have been achieved in the courts of the State where the action was filed.” Van Dusen, 376 U.S. at 638 , 84 S.Ct. at 820 .
discussed
Cited "see, e.g."
Byrd v. Bank of Mississippi
See also Northern Trust Co. v. Garman (Matter of Garman), 643 F.2d 1252 (7th Cir.1980), cert. denied, 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981); Merrill Lynch Business Financial Services, Inc. v. Kim (In re Kim), 125 B.R. 594 (Bankr.C.D.Cal.1991); Sovran Bank N.A. v. Allen (In re Allen), 65 B.R. 752 (E.D.Va.1986).
discussed
Cited "see, e.g."
In the Matter of Robert Sheridan, Debtor-Appellee. Appeal of City National Bank of Florida
Alternatively, this court has held that wrongful intent may “logically be inferred from a false representation which the debtor knows or should know will induce another to make a loan.” In re Kimzey, 761 F.2d 421 , 424 (7th Cir.1985); see also Matter of Garman, 643 F.2d 1252, 1260-61 (7th Cir.1980) (“[W]here ... a person knowingly or recklessly makes a false representation which the person knows or should know will induce another to make a loan, intent to deceive may be logically inferred.”) (quoting Carini v. Matera, 592 F.2d 378, 380 (7th Cir.1979)), cert. denied, 450 U.S. 910 , 101 …
discussed
Cited "see, e.g."
Retirement Account, Inc. v. Erdheim (In Re Erdheim)
See e.g., In re Mullet, 817 F.2d at 681 (citing Northern Trust Co. v. Garman (In re Garman), 643 F.2d 1252 (7th Cir.1980), cert. denied, 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981)); Matter of Jordan, 927 F.2d at 224 .
cited
Cited "see, e.g."
Amsouth Financial Corp. v. Warner (In Re Warner)
In re Martin, 761 F.2d 1168 (6th Cir.1985); See also, In re Garman, 643 F.2d 1252 (7th Cir.1980) cert. denied 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981).
cited
Cited "see, e.g."
In Re Thomas E. Ledford and J. Gregg Sikes, Debtors. Bancboston Mortgage Corporation v. Thomas E. Ledford (91-5649) J. Gregg Sikes (91-5594)
See, e.g., In re Garman, 643 F.2d 1252 (7th Cir.1980), cert. denied, 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981).
discussed
Cited "see, e.g."
North Community Bank v. Boumenot
See, e.g., Matter of Garman, 643 F.2d 1252, 1260-61 (7th Cir.1980), cert. denied, 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981); In Re Phillips, 804 F.2d 930 , 933-34 (6th Cir.1986) (citing to Garman).
cited
Cited "see, e.g."
Nisswa State Bank v. Eberle (In Re Eberle)
See also, In Re Garman, 643 F.2d 1252 (7th Cir.1980), cert. denied, 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981) (Act case) (assuming this conclusion without discussion).
cited
Cited "see, e.g."
IFG Leasing Co v. Vavra (In Re Harms)
Compare, In Re Garman, 643 F.2d 1252 (7th Cir.1980), cert. denied, 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981); In Re Blatz, 37 B.R. 401 (Bankr.E.D.Wis.1984).
discussed
Cited "see, e.g."
Amparo Cardenas v. William French Smith, Attorney General of the United States
See also United States v. Demanett, 629 F.2d 862, 866 (3d Cir.1980) (court assumes that both American citizens and Colombian nationals aboard a vessel on the high seas protected by the Fourth Amendment), cert. denied, 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981); United States v. Cadena, 585 F.2d 1252, 1262 (5th Cir.1978) (Fourth Amendment’s protections can extend to aliens); Porter v. United States, 496 F.2d 583, 591 , 204 Ct.Cl. 355 , (1974) (“The just compensation clause of the Fifth Amendment has, in fact, been applied to takings of property outside the United States, even in …
discussed
Cited "see, e.g."
United States v. Mark J. Kent
See also United States v. Demanett, 629 F.2d 862, 868-69 (3d Cir. 1980) (fact that boarding officers suspected presence of contraband and might have conducted intrusive inspection had they not discovered marijuana in plain view did not invalidate the discovery of marijuana during check of vessel’s identification number), cert. denied, 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981); cf. Scott v. United States, 436 U.S. 128, 138 , 98 S.Ct. 1717, 1723 , 56 L.Ed.2d 168 (1978) (“fact that the officer does not have the state of mind which is hypothecated by the reasons which provide the l…
Retrieving the full opinion text from the archive…
Garman
v.
Northern Trust Co.
v.
Northern Trust Co.
No. 80-442.
Supreme Court of the United States.
Feb 23, 1981.
Cited by 16 opinions | Published
Citer courts: N.D. Illinois (1)
C. A. 7th Cir. Certiorari denied.