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judge surratt states

Fawcett, In re--Missouri v. Fawcett

Ruling
State met its burden in showing defendant committed an unfair practice under state law because he should have known of the company's financial demise when making representations to consumers. (Bankr. E.D. Mo.)
Issue(s)
Exceptions to Discharge.

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Consumer opinion summary, case decided on October 22, 2024 , LexisNexis #0125-009

Amos, In re

Ruling
Attorney's fees were domestic support obligations and nondischargeable as they wereincurred in enforcing a right to child support payments. (Bankr. E.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.

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Consumer opinion summary, case decided on February 24, 2020 , LexisNexis #0420-015

Richard, In re

Ruling
Court ordered Illinois LLC to disgorge fees from consolidated cases as its fee-sharing agreement was in violation of section 504 since they did not form a single law firm with Missouri attorneys. (Bankr. E.D. Mo.)
Issue(s)
Sharing of Compensation.

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Consumer opinion summary, case decided on October 10, 2018 , LexisNexis #1118-068

Hudson-Miltenberger, In re--Phillips 66 Co. v. Miltenberger

Ruling
Plaintiff's request to deny dischargeability denied as there was insufficient evidence toconclude that debtor made a false representation and that debtor was aware that a coguarantor'ssignature was forged. (Bankr. E.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on January 26, 2018 , LexisNexis #0318-040

Anderson, In re--Anderson v. Anderson

Ruling
Attorney's fees judgments were excepted from discharge as they were in the nature of adomestic support obligation. (Bankr. E.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.

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Consumer opinion summary, case decided on January 26, 2018 , LexisNexis #0318-044

Austin, In re

Ruling
The correct date for determining the amount of a claim where an objection was made was the date that the case was filed. (Bankr. E.D. Mo.)
Issue(s)
Allowance of Claims or Interests; Disallowance.

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Consumer opinion summary, case decided on July 24, 2017 , LexisNexis #0917-044

Reed, In re--Hous. Auth. of St. Loius Cnty. v. Reed

Ruling
Debt ruled as nondischargeable as the debtor under-reported her total household income in her personal declarations because she failed to report her husband's income. (Bankr. E.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.

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Consumer opinion summary, case decided on April 26, 2017 , LexisNexis #0517-131

Rademacher v. Rademacher (In re Rademacher)

Ruling
Discharge denied due to presence of several badges of fraud.
Issue(s)
Should debtor's discharge be denied where debtor allegedly transferred property with the intent to hinder, delay or defraud his creditors, made a false oath or account regarding a material matter in his chapter 7 case and failed to satisfactorily explain the loss of assets or deficiency of assets?

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Consumer opinion summary, case decided on April 29, 2016 , LexisNexis #0516-131

Ortiz v. United States Dept of Educ. (In re Ortiz)

Ruling
Unemployed debtor with hepatitis C denied an undue hardship discharge of student loan debt.
Issue(s)
Was unemployed debtor with hepatitis C and supporting 20-year old son entitled to an undue hardship discharge of student loan debt?

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Consumer opinion summary, case decided on January 29, 2016 , LexisNexis #0216-122

Keefe Law Firm v. Days (In re Days)

Ruling
Debt to law firm absent misrepresentations or willful and malicious injury.
Issue(s)
Should outstanding balance owed by debtor to law firm be held nondischargeable due to debtor's alleged false representation regarding ability to pay?

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Consumer opinion summary, case decided on October 27, 2015 , LexisNexis #1115-083