Citizens v. Ouhrabka

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Citizens v. Ouhrabka
Court Vermont Supreme Court
Citation 190 Vt. 251, 30 A.3d 1266
Date decided August 5, 2011

Facts

  • Ouhrabka was the owner of a jewelry store in Rhode Island
  • RBS Citizens, N.A. = Citizens Bank = a bank that loaned Ouhrabka's company more than $15 million
  • In August 2006, Ouhrabka signed a personal guarantee with Citizens Banks ("Citizens") whereby he became personally responsible for 1/2 million dollars of the debt
  • Later on, Ouhrabka accepted personal liability for all of the jewelry company's debt
  • Ouhrabka submitted a financial statement to Citizens listing his house that he co-owned with his wife as tenants by the entirety
  • Ouhrabka's house with his wife was worth $1/4 million at the time
  • The jewelry store was placed into receivership.

Procedural History

  • Citizens Bank sued Ouhrabka in a Vermont state court seeking to recover an estimated $10 million.

Rule

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