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Rovell v. American National Bank

232 B.R. 381 (1998)

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Rovell v. American National Bank

United States District Court for the Northern District of Illinois
232 B.R. 381 (1998)

SC

Facts

Michael Rovell (debtor) wrote a check (check 1) to an agency but later determined that he had overpaid. Rovell’s employee Lisa Fair called Rovell’s bank, American National Bank (ANB) (creditor). Although there was contradictory evidence about the information exchanged on this phone call regarding the identification of check 1 and whether it had cleared, Fair ultimately issued a stop-payment order on check 1. ANB advised Fair to wait a couple of days before issuing a replacement check. ANB’s technology programmed a stop-payment order to be effective at the opening of business the following day. Due to this technology, check 1 cleared before the stop-payment order could be processed. Nevertheless, Rovell, believing that check 1 had not cleared, issued a replacement check (check 2). Rovell filed a petition for reorganization under Chapter 11 of the Bankruptcy Code. ANB filed a proof of claim for the amount of the two checks. Rovell objected to the claim and claimed that ANB was guilty of negligent misrepresentation due to its failure to precisely convey the status of check 1. The bankruptcy court denied the objection, allowed ANB’s claim, and held that Rovell had not shown that ANB was guilty of negligent misrepresentation. Rovell appealed.

Rule of Law

Issue

Holding and Reasoning (Moran, J.)

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