United States Eighth Circuit

A lender's failure to include secured set off rights in an initial bankruptcy claim does not automatically waive those rights unless the lender continues to ignore the rights by failing to object or file an amended claim, and a bankruptcy court may not modify or deny those rights for reasons of equity.

Appellate Information

• Decided 04/19/2001
• Published 04/19/2001

Judges

Court

• United States Eighth Circuit

Counsel