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western district of missouri

Luebbert, In re--Global Control Sys. v. Luebbert

Ruling
Debt excepted from discharge as the debtor knew about the noncompete agreement and hisobligations under the amendment and took calculated and clandestine steps to do businesswith another company in violation of his obligations. (Bankr. W.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on November 15, 2018 , LexisNexis #0119-012

Osage Water Co., In re--Williams v. Hancock Constr. Co.

Ruling
Order of revival for the fourth judgment entered after the bankruptcy filing was void ab initio as it was a violation of automatic stay and was not entitled to the protection of the Rooker-Feldman doctrine. (Bankr. W.D. Mo.)
Issue(s)
Automatic Stay; Scope; Acts to Create, Perfect or Enforce Liens.

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Commercial opinion summary, case decided on September 12, 2018 , LexisNexis #1018-096

Stock, In re--Kansas ex rel. Gordon v. Stock

Ruling
Debt consisting of overpayment of unemployment benefits and accrued interest excepted from discharge. (Bankr. W.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on July 02, 2018 , LexisNexis #0818-045

Knight, In re--Kansas ex rel. Gordon v. Knight

Ruling
Debt was nondischargeable where debtor willfully and knowingly failed to reportemployment and/or correct earnings while receiving unemployment benefits. (Bankr. W.D.Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on May 24, 2018 , LexisNexis #0718-014

Betancourt, In re--Betancourt v. United States

Ruling
Chapter 13 debtor's obligation to repay a first-time homebuyer's credit was a dischargeablegeneral unsecured debt. (Bankr. W.D. Mo.)
Issue(s)
Definitions; “Claim”; Right to Payment.

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Consumer opinion summary, case decided on February 01, 2018 , LexisNexis #0318-031

Dayton, In re

Ruling
Court denied trustee's motion to compel turnover for trustee's failure to prove that thedistribution was property of the bankruptcy estate. (Bankr. W.D. Mo.)
Issue(s)
Property of the Estate.

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Consumer opinion summary, case decided on January 26, 2018 , LexisNexis #0318-015

Dayton, In re

Ruling
Court denied trustee's motion to compel turnover for trustee's failure to prove that thedistribution was property of the bankruptcy estate. (Bankr. W.D. Mo.)
Issue(s)
Property of the Estate.

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Consumer opinion summary, case decided on January 26, 2018 , LexisNexis #0318-015

Mamtek U.S., Inc., In re--Strauss v. Cole

Ruling
Court recommended that the district court deny the former CEO and wife's motion to withdraw reference to their claims. (Bankr. W.D. Mo.)
Issue(s)
Procedures; Withdrawal of Reference by District Court.

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Commercial opinion summary, case decided on November 02, 2017 , LexisNexis #0218-057

Xurex, Inc., In re--Enslein v. IPFS Corp.

Ruling
Payments made by a debtor under the terms of a premium financing agreement was deemed as an extemporaneous exchange for new value without need of the cancellation of the policy. (Bankr. W.D. Mo.)
Issue(s)
Preferences; Exceptions to Avoidance; Contemporaneous Exchange for New Value.

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Commercial opinion summary, case decided on July 19, 2017 , LexisNexis #0817-106

Bagsby, In re--Floorplan Xpress, LLC-OK v. Bagsby

Ruling
Debtors' motion for partial summary judgment with respect to the claim that debt was for fraud or defalcation while acting in a fiduciary capacity granted as loan terms themselves did not create a fiduciary relationship. (Bankr. W.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

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Consumer opinion summary, case decided on July 18, 2017 , LexisNexis #0817-102