May
19
2015
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
May
08
2015
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.
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Consumer case opionion summary, case decided on May 08,2015, LexisNexis #0615-013
Jan
26
2015
Richardson Hauling Inc. v. Hutchens (In re Hutchens)
Ruling:
Judgment debt based on debtor's money laundering of funds embezzled by spouse was nondischargeable.
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Consumer case opionion summary, case decided on January 26,2015, LexisNexis #0215-085
Jan
26
2015
Richardson Hauling Inc. v. Hutchens (In re Hutchens)
Ruling:
Judgment debt based on debtor's money laundering of funds embezzled by spouse was nondischargeable.
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Consumer case opionion summary, case decided on January 26,2015, LexisNexis #0215-085
Oct
24
2014
In re Miller Auto. Group Inc.
Ruling:
Attorneys ordered to disgorge fees and sanctioned due to willfully misleading disclosure and application for employment.
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Commercial case opionion summary, case decided on October 24,2014, LexisNexis #1114-104
Feb
28
2014
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
Jan
17
2014
Bailey v. Digirolamo (In re Digirolamo)
Ruling:
Judgment for battery was nondischargeable.
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Consumer case opionion summary, case decided on January 17,2014, LexisNexis #0214-068
Oct
25
2013
Schlueter v. Caldwell (In re Caldwell)
Ruling:
Debt relating to sale of membership interest in LLC that qualified as a security was nondischargeable.
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Consumer case opionion summary, case decided on October 25,2013, LexisNexis #1113-123
May
02
2013
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
Apr
23
2013
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