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176009P.pdf 09/06/2017 Charles Gabus Motors, Inc. v. Martin J. Tirrell
U.S. Court of Appeals Case No: 17-6009
U.S. Bankruptcy Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Nail, Author, with Saladino, Chief Judge, and Schermer,
Bankruptcy Judge]
Bankruptcy Appellate Panel. The bankruptcy court did not err in
determining the doctrine of impracticability did not excuse debtor's
failure to make a required payment on a timely basis; the parties'
settlement agreement was not subject to article 2 of Iowa's uniform
commercial code; nor is the agreement's default provision a liquidated
damages clause; issues raised for the first time on appeal would not be
considered.