Originally published by David Coale.
Dean and Sherry Buescher filed for bankruptcy; First United Bank opposed their discharge, and won. Sherry Buescher argued on appeal that the bank lacked standing, because she did not personally guarantee the loans at issue. The Fifth Circuit disagreed, noting that because Texas is a community property state, the bank could sue in rem in Texas to collect her husband’s guaranty obligation from community property. Buescher v. First United Bank & Trust, No. 14-40361 (April 15, 2015).
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