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Judge Dow

In re Dunaway

Ruling: 
Filing of proof of claim barred by statute of limitations did not violate the Fair Debt Collection Practices Act.
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Consumer case opionion summary, case decided on May 19,2015, LexisNexis #0615-082

Phillips 66 Co. v. Miltenberger (In re Miltenberger)

Ruling: 
Forged guaranty was not grounds for nondischargeability absent evidence that the debtor knew of the forgery.
ABI Membership is required to access the full summary of Phillips 66 Co. v. Miltenberger (In re Miltenberger). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 08,2015, LexisNexis #0615-013

Richardson Hauling Inc. v. Hutchens (In re Hutchens)

Ruling: 
Judgment debt based on debtor's money laundering of funds embezzled by spouse was nondischargeable.
ABI Membership is required to access the full summary of Richardson Hauling Inc. v. Hutchens (In re Hutchens). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 26,2015, LexisNexis #0215-085

Richardson Hauling Inc. v. Hutchens (In re Hutchens)

Ruling: 
Judgment debt based on debtor's money laundering of funds embezzled by spouse was nondischargeable.
ABI Membership is required to access the full summary of Richardson Hauling Inc. v. Hutchens (In re Hutchens). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 26,2015, LexisNexis #0215-085

In re Miller Auto. Group Inc.

Ruling: 
Attorneys ordered to disgorge fees and sanctioned due to willfully misleading disclosure and application for employment.
ABI Membership is required to access the full summary of In re Miller Auto. Group Inc.. 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 October 24,2014, LexisNexis #1114-104

In re Johnson

Ruling: 
Social Security income could not be considered in evaluating motion for totality of circumstances dismissal.
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Consumer case opionion summary, case decided on February 28,2014, LexisNexis #0314-128

Bailey v. Digirolamo (In re Digirolamo)

Ruling: 
Judgment for battery was nondischargeable.
ABI Membership is required to access the full summary of Bailey v. Digirolamo (In re Digirolamo). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 17,2014, LexisNexis #0214-068

Schlueter v. Caldwell (In re Caldwell)

Ruling: 
Debt relating to sale of membership interest in LLC that qualified as a security was nondischargeable.
ABI Membership is required to access the full summary of Schlueter v. Caldwell (In re Caldwell). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 25,2013, LexisNexis #1113-123

Smith v. Davenport (In re Davenport)

The matter before the court for decision was the Complaint Objecting to Dischargeability of Debt Pursuant to 11 U.S.C.S. § 523 filed by plaintiffs, creditors (house purchasers), against defendants, debtors (sellers).
Ruling: 
Debt was dischargeable as creditors could not prove damages resulted from debtor's fraud.
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Consumer case opionion summary, case decided on May 02,2013, LexisNexis #0513-120

Gargula v. Bisges (In re Clink)

United States Trustee ("UST") filed a motion seeking an order which required respondent attorney to disgorge fees he received from a Chapter 7 debtor, imposed sanctions on the attorney based on alleged violations of 11 U.S.C.S. § 707(b)(4), and referred the attorney to the U.S. District Court for the Western District of Missouri for disciplinary action. The court held a hearing on the UST's motion.
Ruling: 
Attorney sanctioned and ordered to disgorge fees due to failure to enter into written contract with debtor or conduct reasonable investigation.
ABI Membership is required to access the full summary of Gargula v. Bisges (In re Clink). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 23,2013, LexisNexis #0513-061

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