Minnesota

Town Centre Self Storage LLC v. Conoryea (In re Conoryea)

Plaintiff, an LLC that operated a self-storage unit business that had employed defendant, a Chapter 13 debtor, brought an adversary complaint for a ruling per 11 U.S.C.S. § 523(a)(4) that debtor's obligation to pay it $25,915 was nondischargeable on the ground that debtor had embezzled that sum from plaintiff. Plaintiff also sought a punitive damages award under Minn. Stat. § 604.14, subd. 1.
Ruling: 
Debt arising from debtor's embezzlement from employer was nondischargeable.
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Consumer case opionion summary, case decided on November 03,2011, LexisNexis #1111-120

Croix Oil Co. v. Moua (In re Moua)

Plaintiff creditor filed a complaint against defendant Chapter 7 debtor seeking a determination that a debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(3)(A). The creditor filed a motion for summary judgment.
Ruling: 
Late-filed claim by unscheduled creditor was excepted from discharge.
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Consumer case opionion summary, case decided on October 14,2011, LexisNexis #1111-015

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

In re Wiczek

This Chapter 7 case came before the court on the Chapter 7 Trustee's objection to debtors' amended claim of exemption in certain assets. Also, the Trustee requested an evidentiary hearing on her allegations of bad faith, and any inherent request for imposition of sanctions on debtors.
Ruling: 
Debtors could not claim administrative expense claim in excess of amount available under §522(d)(5).
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Consumer case opionion summary, case decided on June 16,2011, LexisNexis #0711-115

Sullivan v. Welsh (In re Lumbar)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant parents of a bankruptcy debtor seeking to avoid as actually and constructively fraudulent under bankruptcy and state law a transfer of real property from the debtor to the parents by quitclaim deed. The trustee moved for summary judgment.
Ruling: 
Trustee could not avoid quitclaim deed of exempt homestead property from debtor to parents that was not constructively fraudulent under state law.
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Consumer case opionion summary, case decided on March 03,2011, LexisNexis #0311-126

Reuter v. Cutcliff (In re Reuter)

Debtor challenged orders of the U.S. Bankruptcy Court for the Western District of Missouri denying confirmation of his chapter 11 plan, granting creditors' motion to convert the case to chapter 7, and entering judgment in favor of the creditors on certain dischargeability claims raised in an adversary proceeding.
Ruling: 
Bankruptcy court did not err in denying confirmation and converting chapter 13 case to chapter 7.
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Consumer case opionion summary, case decided on January 31,2011, LexisNexis #0211-083

In re Keenan

Chapter 7 trustee objected to the debtors' claim of exemption under 11 U.S.C.S. § 522(d)(11)(D) in an asset described as personal injury claims against representatives of Catholic Church in Minnesota.
Ruling: 
Debtor's right of action for abuse by Catholic priest that occurred when he was a minor was not exempt absent evidence of bodily injury.
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Consumer case opionion summary, case decided on January 07,2011, LexisNexis #0211-018

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

In re Hofer

Debtor filed a petition under chapter 13 of the Bankruptcy Code and asked the court to confirm a plan she proposed for repaying her creditors. The debtor's ex-husband filed an objection to the debtor's plan.
Ruling: 
Case filed solely to modify order in divorce proceeding dismissed.
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Consumer case opionion summary, case decided on October 21,2010, LexisNexis #1110-099

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