12. Brad Gupta formed two companies, Ameriquest Holdings and Ananya Aviation, for which he purchased three airplanes that were in lease agreements with US Airways and Continental Airlines. However, after the events of September 11, 2001, the two airlines did not renew their leases for the three planes now owned by Gupta. Consequently, Gupta could not continue his loan repayments, and U.S. Bancorp Equipment Finance foreclosed and sold the planes. U.S. Bancorp sought to enforce the loan agreements for the millions of dollars still owed for Guptas debt after the proceeds from the sale of the airplanes had been deducted. Gupta, however, argued that the events of September 11, 2001, resulted in immense losses to the airline industry and that performance of the loan agreements (i.e., repayment) was impossible. Did Gupta properly raise the defense of impossibility? What was the courts reasoning? [U.S. Bancorp Equip. Fin., Inc. v. Ameriquest Holdings,2004 U.S. Dist. LEXIS 24709.]
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