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District of north dakota

In re Moe

May
11
2010
Ruling
Chapter 13 case dismissed due to noncontingent liquidated debt in excess of limits.
Procedural posture

This matter was before the court on an amended motion to dismiss debtor's chapter 13 petition, filed by creditors. Debtor filed a response resisting the motion.

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Consumer opinion summary, case decided on May 11, 2010 , LexisNexis #0810-072
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Schlechter v. Hoggarth (In re Hoggarth)

Dec
15
2009
Ruling
Debt was nondischargeable where debtor deceived creditor by selling fertilizer trucks it did not own.
Procedural posture

Plaintiff, a fertilizer tank purchaser, initiated this adversary proceeding seeking a determination that defendant debtor's obligation to him in the amount of $ 21,000, plus interest, was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2), (4), (6). The matter was pending decision following trial.

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Consumer opinion summary, case decided on December 15, 2009 , LexisNexis #0210-051
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In re Duttenhefer

Sep
03
2009
Ruling
Debtor not entitled to sanctions against former spouse for violations of stay where debtor did not meet burden of proof.
Procedural posture

Debtor filed a petition under chapter 7 of the Bankruptcy Code on June 17, 2009, and on July 7, 2009, he filed a motion pursuant to Fed. R. Bankr. P. 9011, seeking sanctions against his ex-wife for violating the stay that was imposed pursuant to 11 U.S.C.S. § 362 when he declared bankruptcy. The debtor's ex-wife opposed the motion. The case was subsequently converted to one under chapter 13 of the Bankruptcy Code.

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Consumer opinion summary, case decided on September 03, 2009 , LexisNexis #1009-109
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Baca v. Baca (In re Baca)

Jul
02
2009
Ruling
Debt relating to debtor's alleged mishandling of cattle was dischargeable.
Procedural posture

Plaintiff cattle owners filed an adversary complaint against debtor defendant, a husband who had filed a chapter 7 case with his wife, seeking a determination that all amounts due from debtor on account of his improper handling of plaintiffs' cattle were nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2), (4) and (6). Debtor denied that any such debts were properly found to be nondischargeable.

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Consumer opinion summary, case decided on July 02, 2009 , LexisNexis #0809-083
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Trahan v. Devon Energy Prod. Co.

Jan
06
2009
Ruling
Remand of dispute over mineral rights was proper where allegedly related bankruptcy was closed many years earlier.
Procedural posture

Plaintiffs filed a motion to remand their removed state court action against defendants. Plaintiffs also sought attorney's fees, expenses, and costs pursuant to 28 U.S.C.S. § 1447(c).

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Consumer opinion summary, case decided on January 06, 2009 , LexisNexis #0209-104
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In re Barnes

Jun
10
2008
Ruling
Late proof of claim could be filed due to lack of proper notice.
Procedural posture

A creditor filed a motion to file a claim after the claim's bar date in a debtor's chapter 13 bankruptcy case.

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Consumer opinion summary, case decided on June 10, 2008 , LexisNexis #0808-055
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In re Kongslie

Apr
10
2008
Ruling
Debtor's interest in spendthrift trust was not property of the estate and not subject to turnover.
Procedural posture

The chapter 7 trustee filed a motion to compel turnover of assets or proceeds received by debtor, an individual who received a discharge in bankruptcy, in connection with her interest in her deceased father's estate. At issue was whether such property belonged to the bankruptcy estate and was properly subject to a turnover order pursuant to 11 U.S.C.S. § 542.

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Consumer opinion summary, case decided on April 10, 2008 , LexisNexis #0508-103
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In re Magnusson

Oct
23
2007
Ruling
Exigent circumstances relief from credit counseling requirement not available to debtor who had 90 days notice of tax lien enforcement but failed to act.
Procedural posture

A trustee objected to the debtors' certificate that exigent circumstances relieved them from obtaining the credit counseling services required by 11 U.S.C.S. § 109(h)(1).

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Consumer opinion summary, case decided on October 23, 2007 , LexisNexis #0308-074
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