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8th circuit

Jamrose v. DAmato (In re DAmato)

Ruling
Debt was deemed nondischargeable where the debtors had willfully and maliciously caused injury to the creditor customers by using fraudulent marketing efforts.
Procedural posture

Defendant debtors filed a voluntary petition for relief under chapter 7 of the Code. Plaintiff creditors filed an adversary proceeding to have the debtors'debt to the creditors, and others similarly situated, deemed nondischargeable under 11 U.S.C. § 523(a)(6) (2002). The creditors filed a motion for summary judgment under Fed. R. Bankr. P. 7056.

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opinion summary, case decided on September 21, 2005 , LexisNexis #0106-053

James v. Tipler (In re Tipler)

Ruling
Debtor was denied discharge based on failure to keep recorded information and false oath.
Procedural posture

The matter was before the court on plaintiff judgment creditors'objection to discharge pursuant to 11 U.S.C. § 727(a)(2), (3) and (4), and objection to the dischargeability of their claim pursuant to 11 U.S.C. § 523(a)(2), (4) and (6).

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opinion summary, case decided on September 13, 2005 , LexisNexis #0406-135

Turner v. Cornelius (In re Cornelius)

Ruling
Debtor was denied discharge where the debtor made two material false oaths.
Procedural posture

The debtor filed a chapter 7 bankruptcy petition. The United States trustee asserted that the debtor's discharge was to be denied pursuant to 11 U.S.C. §§ 727(a)(2) and 727(a)(4).

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opinion summary, case decided on September 12, 2005 , LexisNexis #0106-028