Judge Dow

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.
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Consumer case opionion summary, case decided on April 23,2013, LexisNexis #0513-061

Hamilton v. Green (In re Green)

Plaintiffs, a member of an LLC in which debtor was also a member and the LLC itself sued for a determination that debts allegedly owed to them by defendant debtor were nondischargeable per 11 U.S.C.S. § 523(a)(4) on claims that debtor had used LLC funds to pay personal expenses and had also committed embezzlement. Issues included whether debtor was a "fiduciary" per Mo. Rev. Stat. § 347.088.3 and Mo. Rev. Stat. § 347.088.4.
Ruling: 
Debt owed to LLC based on debtor member's embezzlement was nondischargeable.
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Consumer case opionion summary, case decided on July 25,2012, LexisNexis #0812-050

In re Triepke

The trustee filed a motion pursuant to 11 U.S.C.S. § 329 for disgorgement of fees against an attorney for debtors and his firm.
Ruling: 
Attorney who did not adequately review debtors' information before preparing and filing schedules sanctioned but not ordered to disgorge fees.
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Consumer case opionion summary, case decided on April 12,2012, LexisNexis #0512-003

Boliaux v. Auto Fin. Corp.

Creditors brought an adversary proceeding against chapter 7 debtor in the U. S. Bankruptcy Court for the Northern District of Illinois, seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523 and that the debtor was not entitled to a discharge under 11 U.S.C.S. § 727. The bankruptcy court granted summary judgment for the creditors and denied a discharge. The debtor appealed.
Ruling: 
Denial of discharge did not violate due process and was upheld.
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Consumer case opionion summary, case decided on September 30,2011, LexisNexis #1011-126

Vitzthum v. EduCap Inc. (In re Vizthum)

Plaintiff bankruptcy debtors brought an adversary proceeding against a creditor seeking a determination that a student loan obtained by the debtors and their child from the creditor, which was used by the debtors' child for educational purposes, was not barred from discharge by 11 U.S.C.S. § 523(a)(8).
Ruling: 
Student loan debt on which debtor parents were co-obligors was nondischargeable.
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Consumer case opionion summary, case decided on September 07,2011, LexisNexis #1011-090

Harder v. JPPCS Inc. (In re Graff)

Trustee filed adversary actions against creditors seeking to avoid preferential transfers pursuant to 11 U.S.C.S. § 547. The creditors asserted an affirmative defense under 11 U.S.C.S. § 547(c)(2) for transfers made in the ordinary course of business.
Ruling: 
Late payments by debtor construction business to suppliers and contractors were made in the ordinary course of business and not preferential.
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Consumer case opionion summary, case decided on July 08,2011, LexisNexis #0811-023

In re Schultz

In three cases, the Chapter 13 trustee filed motions to deny confirmation of Chapter 13 debtors' proposed Chapter 13 plans on the grounds that the debtors were not committing all of their projected disposable income to the payment of unsecured creditors pursuant to the plan as required by 11 U.S.C.S. § 1325(b).
Ruling: 
Confirmation denied due to improper claim for additional operating expense allowance on unencumbered vehicles that were six or more years old.
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Consumer case opionion summary, case decided on June 14,2011, LexisNexis #0711-061

Kyte v. Clifton (In re Clifton)

Creditor sought a determination that the judgment debt owed to him by debtor, in the amount of $97,767, be deemed nondischargeable under 11 U.S.C.S. § 523(a)(2), (a)(4), (a)(6), and that the doctrine of collateral estoppel should bar relitigation of this issue. The adversary proceeding came before the court on the creditor's Motion for Summary Judgment.
Ruling: 
Collateral estoppel applied to state court judgment so that debt was nondischargeable due to debtor's fraudulent misrepresentations.
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Consumer case opionion summary, case decided on June 07,2011, LexisNexis #0711-013

In re Hutchison

A secured creditor objected to the debtor's amended Chapter 13 plan, which sought to modify her confirmed plan pursuant to 11 U.S.C.S. § 1329 to surrender a vehicle after having elected in her confirmed plan to retain the vehicle and pay its value over the course of the plan.
Ruling: 
Plan modification proposing surrender of vehicle approved on condition that debtor pay creditor amount equivalent to missed plan payments.
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Consumer case opionion summary, case decided on February 03,2011, LexisNexis #0211-135

Olsen v. JPMorgan Chase Bank (In re Woods)

Plaintiff Chapter 7 trustee filed a complaint against defendant creditor. In Count 1, the trustee sought to avoid a preferential transfer under 11 U.S.C.S. § 547(b). The trustee filed a motion for summary judgment on Count 1.
Ruling: 
Transfer was avoidable where perfection occurred within preference period.
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Consumer case opionion summary, case decided on January 25,2011, LexisNexis #0211-059

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