Judge Houser

Hughes v. Wells (In re Wells)

Plaintiffs, a prison inmate and his daughter as his attorney in fact, brought an adversary proceeding against defendant bankruptcy debtor, the inmate's former attorney, alleging that the attorney retained fees paid by the daughter which the attorney did not earn. The bankruptcy court conducted a trial concerning whether a debt existed and whether it was nondischargeable under 11 U.S.C. § 523(a)(2)(A), (a)(4) and (a)(6).
Ruling: 
Court ruled fees collected in advance by a debtor former attorney of the creditor for services that later did not need to be performed were dischargeable since the attorney debtor did not cause willful or malicious injury to the creditor.
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Buckeye Retirement Co. LLC Ltd. v. Bullough (In re Bullough)

Plaintiff judgment creditor brought an adversary proceeding against defendant bankruptcy debtor, alleging that a discharge was not warranted under 11 U.S.C. § 727(a)(3), (4) and (5) based on the debtor's false oaths in his schedules and statements, the debtor's failure to maintain adequate records, and the debtor's failure to account for a significant asset. The bankruptcy court conducted a trial.
Ruling: 
Discharge denied due to sophisticated debtor's false oaths and failure to keep adequate records.
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