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Judge Dow

In re MJL Cattle Co. LLC

Creditors of a bankruptcy debtor filed complaints with a state real estate commission seeking revocation of the debtor's real estate broker's license based on fraudulent conduct in the debtor's cattle business. The debtor moved for an order holding the creditors in contempt for violating the automatic bankruptcy stay of 11 U.S.C.S. § 362, and enforcing the stay against the commission's administrative proceeding.
Ruling: 
Administrative proceeding for revocation of debtor's real estate broker license due to fraudulent conduct of cattle business did not violate stay.
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Commercial case opionion summary, case decided on November 15,2010, LexisNexis #1210-039

Callaway Bank v. Ray (In re Ray)

Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtors, a husband and wife, seeking a determination that the debtors owed the bank a debt in the amount of $3,071,599 that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(B), (a)(4), and (a)(6). The bank filed a motion for summary judgment.
Ruling: 
Debt was nondischargeable against debtor who falsely represented cattle ownership but not against debtor spouse absent evidence of fraud.
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Consumer case opionion summary, case decided on September 15,2010, LexisNexis #1110-021

FCC v. Airadigm Communs. Inc. (In re Airdigm Communs. Inc.)

The Federal Communications Commission (FCC) appealed from rulings of the District Court for the Western District of Wisconsin concerning three claims of Telephone and Data Systems, Inc. (TDS) in the debtor's 2006 bankruptcy. The district court concluded that the FCC's objections to all three claims should be overruled. TDS filed three claims in the 2006 bankruptcy, and the FCC objected.
Ruling: 
Claim disallowed where creditor took opposite position on appeal to that taken before bankruptcy court.
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Consumer case opionion summary, case decided on August 04,2010, LexisNexis #1010-092

Phegley v. Phegley (In re Phegley)

Plaintiff, the ex-wife of a debtor who declared chapter 13 bankruptcy, filed an adversary proceeding against defendant debtor, seeking a determination that monthly payments and attorney's fees a state court ordered the debtor to pay were nondischargeable debts under 11 U.S.C.S. § 523(a)(5) and (15). The case was tried to the court.
Ruling: 
Monthly maintenance payments and attorneys' fees ordered in dissolution action were nondischargeable domestic support obligations.
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Consumer case opionion summary, case decided on August 03,2010, LexisNexis #0910-122

Bank of Otterville v. Rowles (In re Rowles)

Plaintiff bank brought an adversary proceeding against defendant chapter 7 debtors, alleging that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(2).
Ruling: 
Loan debt was nondischargeable due to debtors' materially false financial statements.
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Consumer case opionion summary, case decided on February 24,2010, LexisNexis #0510-121

In re Am. Trailer & Storage Inc.

In this chapter 11 case, the debtor filed a first amended plan of reorganization and the debtor's largest secured creditor, a bank, voted against the plan and filed an objection to confirmation.
Ruling: 
Confirmation granted over creditor's objection to cramdown.
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Commercial case opionion summary, case decided on November 09,2009, LexisNexis #1209-095

In re Kuhrts

Debtor claimed payments from an annuity as exempt and the chapter 7 trustee objected to the claimed exemption. The debtor claimed that the payment was exempt as an annuity on account of a disability under Mo. Rev. Stat. § 513.430(10)(e).
Ruling: 
Annuity payments were not covered by state exemption as not related to employment as required.
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Consumer case opionion summary, case decided on May 20,2009, LexisNexis #0809-010

Caruso v. Harmon (In re Harmon)

Plaintiff filed an adversary complaint for a judgment that a $324,768 state court judgment obtained by her against debtor on account of injuries suffered by reason of his assault and battery was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(6) and that collateral estoppel arising from the state court litigation barred relitigation of the underlying issues in the court.
Ruling: 
Debtor collaterally estopped from relitigating state court judgment for damages from assault and battery which was nondischargeable.
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Consumer case opionion summary, case decided on April 15,2009, LexisNexis #0609-013

Heinrich v. Nelnet (In re Heinrich)

Debtors, filed an adversary proceeding against creditor seeking a determination that their student loan debt be discharged pursuant to 11 U.S.C.S. § 523(a)(8) on the ground that repayment of such debt would impose an undue hardship.
Ruling: 
Undue hardship discharge of student loan debt denied where debtors and their dependent children had surplus income.
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Consumer case opionion summary, case decided on March 05,2009, LexisNexis #0409-052

Duvali v. Maxey (In re Maxey)

Pro se plaintiff creditor brought an action against defendant bankruptcy debtor seeking a denial of the debtor's discharge pursuant to 11 U.S.C.S. § 727(a) based on improper property transfers, inadequate records, and nondisclosure of assets, or for nondischargeability of a judgment debt to the creditor under 11 U.S.C.S. § 523(a)(6) based on willful and malicious injury from the debtor's false police reports of criminal conduct by the creditor.
Ruling: 
Debtor's false reports to police that creditor possessed child pornography, molested children and grew marijuana were not grounds for denial of discharge.
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Consumer case opionion summary, case decided on February 18,2009, LexisNexis #0409-088

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