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Inwood National Bank of Dallas v. Hoppe

596 S.W.2d 183 (1980)

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Inwood National Bank of Dallas v. Hoppe

Texas Court of Appeals
596 S.W.2d 183 (1980)

  • Written by Whitney Kamerzel , JD

Facts

Patricia (defendant) and Robert Hoppe were married. During the marriage, Robert took out a loan from Inwood National Bank of Dallas (the bank) (plaintiff). Robert personally guaranteed the payment of the loan and submitted his personal financial statements, which described Robert and Patricia’s community property. Patricia did not sign the promissory note. Robert stopped paying the loan. When the Hoppes divorced, the court divided the community property and held that the debt belonged to Robert and was to be paid from his share of the community property. However, Robert soon went bankrupt, and the bankruptcy court extinguished Robert’s liability to the bank. The bank sued Patricia to reach her share of the community property to pay off the debt. The trial court dismissed the case against Patricia. The bank appealed.

Rule of Law

Issue

Holding and Reasoning (Hutchinson, J.)

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