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Judge Edmonds

Lahaie v. Lahaie (In re Lahaie)

Before the court was the final trial of the plaintiff creditor's complaint objecting to the bankruptcy discharge of defendant debtor pursuant to 11 U.S.C.S. § 727(a)(2), (a)(4)(A). The creditor contended that debtor had concealed property or made a false oath with intent to defraud creditors by her failure to disclose four categories of property and other information in the schedules or other documents filed with her bankruptcy petition.
Ruling: 
Debtor's mistaken failure to schedule property items or transfer was not grounds for denial of discharge.
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Consumer case opionion summary, case decided on July 22,2010, LexisNexis #1110-026

In re Anderson

Debtors sought confirmation of their second modified plan under chapter 13. The trustee objected to confirmation.
Ruling: 
Confirmation denied due to discriminatory treatment of creditors.
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Consumer case opionion summary, case decided on December 18,2009, LexisNexis #0110-096

Monsanto Co. v. Roeder (In re Roeder)

Plaintiff seed producer sought a determination that defendant debtor's liability for patent infringement was a nondischargeable debt for willful and malicious injury within the meaning of 11 U.S.C.S. § 523(a)(6). The seed producer also asked for damages and attorney fees calculated pursuant to 35 U.S.C.S. §§ 284 and 285, and a permanent injunction under 35 U.S.C.S. § 283.
Ruling: 
Damages for debtor's infringement of creditor's seed patent was nondischargeable.
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Consumer case opionion summary, case decided on December 14,2009, LexisNexis #0110-019

In re Augustine

The matter before the court was the disposition of the proceeds of an asset disclosed to the trustee after the chapter 13 debtors were discharged and the case was closed. Debtors' motion asked that the funds be distributed to them. The standing trustee resisted and asked the court to allow distribution to creditors.
Ruling: 
Balance of proceeds of products liability action was property of the estate.
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Consumer case opionion summary, case decided on December 07,2009, LexisNexis #0110-102

Forker v. Craney (In re Craney)

In a core proceeding under 28 U.S.C.S. § 157(b)(2)(J), plaintiff trustee sought revocation of each of defendant debtors' discharge under 11 U.S.C.S. § 727(d)(2).
Ruling: 
Discharge revoked due to debtor's failure to turn over monthly annuity payments to trustee.
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Consumer case opionion summary, case decided on June 15,2009, LexisNexis #0809-032

Little Family Farms co. v. Mortensen (In re Mortensen)

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A), § 523(a)(4), or § 523(a)(6).
Ruling: 
Construction loan debt was nondischargeable due to debtor's embezzlement of funds for personal use.
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Consumer case opionion summary, case decided on March 17,2009, LexisNexis #0609-007

Rohde v. Rohde

Debtors, a husband and wife, filed a petition under chapter 7 of the Bankruptcy Code, and plaintiff U.S. Trustee (UST) filed an adversary proceeding against defendant husband, seeking an order denying the husband's discharge under 11 U.S.C.S. § 727. The case was tried to the court.
Ruling: 
Discharge denied due to debtor's false statements and failure to account for embezzled funds.
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Consumer case opionion summary, case decided on February 25,2009, LexisNexis #0409-086

In re Horras

Plaintiff, the United States Department of Health and Human Services (HHS) filed a complaint seeking a determination that a debt owed to it by defendant debtor, a former executive in the health services industry, be excepted from discharge for fraud and as a fine or penalty under 11 U.S.C.S. §§ 523(a)(2)(A) and 523(a)(7) respectively. The debtor moved to dismiss the complaint filed as not timely filed under former Fed. R. Bankr. P. 4007(c).
Ruling: 
Time limit for filing dischargeability complaint is not jurisdictional.
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Consumer case opionion summary, case decided on January 30,2009, LexisNexis #0409-026

United States v. Horras (In re Horras)

Defendant debtor moved to dismiss a complaint filed by plaintiff, the United States, to except from discharge per 11 U.S.C.S. 523 debtor's obligation to the Department of Health and Human Services (DHHS), including a monetary penalty, resulting from the submission of false or fraudulent reimbursement claims by a health care provider owned and controlled by debtor. At issue was whether the complaint was time-barred by Fed. R. Bankr. P. 4007(c).
Ruling: 
Deadline for filing dischargeability proceeding was not jurisdictional and could be extended.
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Consumer case opionion summary, case decided on January 30,2009, LexisNexis #0309-105

In re Lundeen

The husband and wife debtors moved to modify their chapter 13 plan after confirmation. The standing trustee did not object, nor did any other party-in-interest. Nonetheless, the court held hearing on the motion.
Ruling: 
Debtor could not modify plan to justify unauthorized use of tax refunds.
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Consumer case opionion summary, case decided on December 12,2008, LexisNexis #0209-069

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