PNC Bank v. Sterba (In re Sterba)

852 F.3d 1175 (2017)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

PNC Bank v. Sterba (In re Sterba)

United States Court of Appeals for the Ninth Circuit
852 F.3d 1175 (2017)

Facts

In 2007, Richard and Olga Sterba (debtors) bought a condo in California. The Sterbas took out two loans to fund the condo purchase. Both loans were secured by liens against the condo. The Sterbas’ promissory note to National City Bank (National City), the junior lienholder, included a general choice-of-law provision stating that the promissory note was governed by Ohio law because National City was an Ohio bank. A few months later, the Sterbas defaulted on their loans. The senior lender foreclosed on the condo, leaving an outstanding debt to National City of $42,000. In 2013, the Sterbas filed for bankruptcy in California. National City’s successor in interest, PNC Bank (creditor), filed a claim in the Sterbas’ bankruptcy proceeding based on the 2007 promissory note. The Sterbas asserted that PNC’s claim was barred by California’s four-year statute of limitations. However, PNC argued that the claim was not time-barred because Ohio had a six-year statute of limitations, and Ohio law governed the promissory note. The bankruptcy judge agreed with PNC and allowed the claim, but the Bankruptcy Appellate Panel (BAP) reversed. PNC appealed to the Ninth Circuit.

Rule of Law

Issue

Holding and Reasoning (Korman, J.)

Concurrence (Tashima, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 816,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 816,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 816,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership