context: In addressing the Court's ability to enter a final judgment on Count III of the Plaintiffs Complaint, the Plaintiff takes the position that her fraud/intentional misrepresentation claim must be resolved in the claims allowance process because these misrepresentations induced her to enter into the 2004 and 2005 Forbearance Agreements, upon which the Defendants' rely as a defense to the Plaintiffs allegations. A forbearance agreement is unenforceable if it is induced by fraud or bad faith.
citation_a.signal: see
citation_a.identifier: 299 S.W.2d 261, 264
citation_a.parenthetical: holding "forbearance to sue is a good consideration for a promise founded thereon" and "[i]t is only essential that the claim be asserted in good faith."
citation_a.sentence: See Cook v. Cook, 299 S.W.2d 261, 264 (Ky.1957) (holding “forbearance to sue is a good consideration for a promise founded thereon” and “[i]t is only essential that the claim be asserted in good faith.”); see also Ruckel v. Baston, 252 S.W.2d 432 (Ky.1952) (holding forbearance to prosecute a doubtful claim asserted in good faith will constitute adequate consideration).
citation_b.signal: see also
citation_b.parenthetical: holding forbearance to prosecute a doubtful claim asserted in good faith will constitute adequate consideration
citation_b.sentence: See Cook v. Cook, 299 S.W.2d 261, 264 (Ky.1957) (holding “forbearance to sue is a good consideration for a promise founded thereon” and “[i]t is only essential that the claim be asserted in good faith.”); see also Ruckel v. Baston, 252 S.W.2d 432 (Ky.1952) (holding forbearance to prosecute a doubtful claim asserted in good faith will constitute adequate consideration).