HCI INVESTORS, LLC v. FOX

Nos. WD 75831, WD 75880.

412 S.W.3d 424 (2013)

HCI INVESTORS, LLC, et al., Respondents, v. Anthony FOX, et al., Appellants.

Missouri Court of Appeals, Western District.

October 8, 2013.


Attorney(s) appearing for the Case

Charles W. German , Lawrence A. Rouse and Daniel B. Hodes , Kansas City, MO, for respondents.

John C. Aisenbrey and Angela G. Nichols , Kansas City, MO, for appellants.

Before Division Three: LISA WHITE HARDWICK, Presiding Judge, MARK D. PFEIFFER, Judge and CYNTHIA L. MARTIN, Judge.


CYNTHIA L. MARTIN, Judge.

Limited liability companies ("LLCs") were formed to purchase nonperforming assets held by a bank holding company's subsidiary bank in order to remove the assets from the bank's books prior to an FDIC examination. Shareholders of the bank holding company who agreed to participate became members of the LLCs, obligated to make capital calls to fund the LLCs and to execute personal guarantees of loans obtained by the LLCs to acquire the nonperforming...

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