MATTER OF BUGOS

No. 83-2428.

760 F.2d 731 (1985)

In the Matter of David James BUGOS, f/d/b/a Kristala Farm, Debtor. Appeal of James P. BUGOS.

United States Court of Appeals, Seventh Circuit.

Decided September 17, 1984.

Opinion April 16, 1985.


Attorney(s) appearing for the Case

Barry M. Barash, Barash, Stoerzbach & Henson, Galesburg, Ill., for plaintiff.

Richard E. Barber, Hanlon & Ruedig, Galesburg, Ill., for defendant.

Before CUMMINGS, Chief Judge, ESCHBACH, Circuit Judge, and FAIRCHILD, Senior Circuit Judge.


CUMMINGS, Chief Judge.

The issue in this case is whether a co-tenant of real property is entitled to subrogation under Section 509(a) of the Bankruptcy Code for payments he made to creditors on behalf of another co-tenant who subsequently petitioned for bankruptcy, where the co-tenants are parent and child and had not entered into a written agreement for repayment. The district court denied subrogation on the rationale that the pre-petition payments to creditors constituted...

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