Judge Hagenau

Lewis v. Lowery (In re Lowery)

Plaintiff creditor filed a summary judgment motion seeking judgment on a complaint to determine the dischargeability of debt owed to the creditor by defendant debtor pursuant to 11 U.S.C.S. § 523(a)(2)(A), (a)(4), (a)(6). Debtor filed a response in opposition thereto. The case arose out of a contract for construction of a residence.
Ruling: 
Debt was nondischargeable due to debtor contractor's misrepresentations and fraud.
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Consumer case opionion summary, case decided on December 16,2010, LexisNexis #0111-084

DynAmerica Mfg. LLC v. Johnson Oil Co. LLC (In re DynAmerica Mfg. LLC)

Plaintiff debtor brought this adversary proceeding to avoid and recover a preferential transfer pursuant to 11 U.S.C.S. §§ 547, 550. Defendant transferee filed a Fed. R. Civ. P. 12(b)(3) motion seeking to dismiss the adversary proceeding for improper venue based on 28 U.S.C.S. § 1409(b).
Ruling: 
Proceeding for avoidance of small claim dismissed as not brought in venue where creditor resided.
ABI Membership is required to access the full summary of DynAmerica Mfg. LLC v. Johnson Oil Co. LLC (In re DynAmerica Mfg. LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 10,2010, LexisNexis #0710-064

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