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Judge O'Brien

Wadsworth v. Word of Life Christian Ctr. (In re McGough)

Ruling: 
Entire charitable transfer exceeding 15 percent of gross annual income was avoidable.
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Consumer case opionion summary, case decided on December 16,2013, LexisNexis #0114-023

Mathieu v. Educational Credit Mgmt. Corp. (In re Mathieu)

Plaintiff chapter 7 debtor filed an adversary proceeding against defendant creditor, seeking a determination that student loan debt in the amount of $140,640 she owed to the creditor was dischargeable under 11 U.S.C.S. § 523(a)(8). The case was tried to the court.
Ruling: 
Undue hardship discharge of student loan debt granted due to low income and expense of caring for special needs son.
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Consumer case opionion summary, case decided on April 15,2013, LexisNexis #0513-014

Dietz v. Barth (In re Barth)

Bankruptcy trustees filed adversary proceedings in three chapter 7 bankruptcy cases, seeking orders requiring debtors, who were all members of the Lower Sioux Indian Community, to turn over postpetition payments they received from the Community. The debtors opposed the trustees' actions, and the parties filed cross-motions for summary judgment.
Ruling: 
Postpetition payments to debtor from Indian community for gaming operation were not property of the estate.
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Consumer case opionion summary, case decided on February 11,2013, LexisNexis #0313-022

Ries v. Legendary Marine Inc. (In re Genmar Holdings Inc.)

Trustee sought summary judgment on its claim to recover a preference per 11 U.S.C.S. § 547 from defendant creditor. When defendant moved for summary judgment on claims that it was entitled to a setoff per 11 U.S.C.S. § 553 and /or to common law recoupment, plaintiff challenged the availability of either remedy.
Ruling: 
Creditor not entitled to setoff against preference claim.
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Commercial case opionion summary, case decided on October 29,2012, LexisNexis #1112-096

Heide v. David L. (In re David L.)

Following a reversal and remand by the Bankruptcy Appellate Panel for the Eighth Circuit, trial was held on plaintiff creditor's complaint against chapter 7 debtor husband seeking a determination of nondischargeability pursuant to 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
False representations in agreements to finance vehicles for sale at used car dealership resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on September 28,2012, LexisNexis #1212-015

Oklahoma Dept of Securities ex rel. Faught v. Wilcox (In re Wilcox)

At the behest of appellee state department of securities, judgments were entered against appellant bankruptcy debtors after state courts found early investors in a Ponzi scheme had been unjustly enriched. The debtors appealed the decision of the United States District Court for the Western District of Oklahoma that affirmed the decision of a bankruptcy court that the judgments qualified as a nondischargeable debt under 11 U.S.C.S. § 523(a)(19).
Ruling: 
Judgment that debtor Ponzi scheme investors were unjustly enriched was nondischargeable reversed as operators, not debtors, violated securities laws.
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Consumer case opionion summary, case decided on August 20,2012, LexisNexis #0912-052

In re Zellmer

This matter came before the court on the chapter 13 Trustee's motion to dismiss or convert for failure of debtor to make payments due as required by the confirmed plan in the case. Debtor countered with a motion to confirm a proposed modified plan, to which the trustee objected.
Ruling: 
Plan modification denied due to failure to provide required number of monthly payments.
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Consumer case opionion summary, case decided on February 23,2012, LexisNexis #0312-134

Guzick v. Nyberg (In re Nyberg)

This matter came before the court on the complaint under 11 U.S.C.S. § 523(a)(6) brought by plaintiff, as personal representative of the estate of a deceased and as trustee of a trust (hereafter, the "trustee"). Defendants were debtors, husband and wife. At the conclusion of the trial, the court took the matter under advisement.
Ruling: 
Debt from debtor's use of power of attorney to steal decedent's funds was nondischargeable as to debtor but not as to debtor spouse.
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Consumer case opionion summary, case decided on October 12,2011, LexisNexis #1211-015

Tompkins v. Rogowski (In re Rogowski)

Plaintiff creditor filed a complaint against defendant Chapter 7 debtors seeking a determination that a debt arising out of the debtors' lease and occupancy of residential property owned by the creditor and underlying a state court default judgment was excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(6).
Ruling: 
Debtor tenant's breach of lease and failure to maintain premises were not grounds for nondischargeability.
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Consumer case opionion summary, case decided on August 19,2011, LexisNexis #0911-048

SJI Inc. v. Staehnke (In re SJI Inc.)

Defendants filed a claim for $86,221, arising from remodeling by plaintiff debtor. Debtor objected and counterclaimed for breach of contract in the amount of $146,000, for additional unpaid materials and labor provided and performed. The counterclaim also alleged debtor was owed $248,465, based upon quantum meruit, plus interest, costs, disbursements, and fees. Defendants sought abstention by the court in liquidating the claim and counterclaim.
Ruling: 
Bankruptcy court declined to abstain from hearing fact driven contract claim based on well settled law.
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Commercial case opionion summary, case decided on December 29,2010, LexisNexis #0111-138

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