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western district of missouri

Richardson Hauling Inc. v. Hutchens (In re Hutchens)

Ruling
Judgment debt based on debtor's money laundering of funds embezzled by spouse was nondischargeable.
Issue(s)
Was debt resulting from debtor's laundering of money embezzled from his employer by his wife, who acted as the employer's bookkeeper, nondischargeable?

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Consumer opinion summary, case decided on January 26, 2015 , LexisNexis #0215-085

Richardson Hauling Inc. v. Hutchens (In re Hutchens)

Ruling
Judgment debt based on debtor's money laundering of funds embezzled by spouse was nondischargeable.
Issue(s)
Was debt resulting from debtor's laundering of money embezzled from his employer by his wife, who acted as the employer's bookkeeper, nondischargeable?

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Consumer opinion summary, case decided on January 26, 2015 , LexisNexis #0215-085

In re Turner

Ruling
Confirmation denied due to failure to treat mobile home as real property as required by state law.
Issue(s)
Should confirmation be denied on the ground that the plan proposes to treat a mortgage claim secured by a manufactured home not attached to land as a long term real estate mortgage?

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Consumer opinion summary, case decided on November 24, 2014 , LexisNexis #1214-103

In re Miller Auto. Group Inc.

Ruling
Attorneys ordered to disgorge fees and sanctioned due to willfully misleading disclosure and application for employment.
Issue(s)
Should debtor's counsel be sanctioned and ordered to disgorge fees on motion of the U.S. Trustee?

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Commercial opinion summary, case decided on October 24, 2014 , LexisNexis #1114-104

Carlson v. U.S. Bank (In re Carlson)

Ruling
Decision adverse to debtors affirmed on appeal due to failure to provide adequate record.
Issue(s)
Did bankruptcy court abuse its discretion with its denial of the Debtors' motion based on violation of the discharge injunction, its granting relief from the automatic stay, and its dismissal of a chapter 13 case with limitations on refilling?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on October 17, 2014 , LexisNexis #1114-069

Sinn v. Bank of Am. (In re Sinn)

Ruling
Bankruptcy court lacked jurisdiction over co-debtor's non-core Fair Credit Reporting Act claims that did not arise in and were not related to debtor's case.
Issue(s)
Should the bankruptcy court abstain from hearing co-debtor's FCRA claims because the claims were non-core and neither arose in or under Title 11?

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Consumer opinion summary, case decided on October 07, 2014 , LexisNexis #0215-101

In re Rodgers

Ruling
Plan could not be confirmed absent financial information demonstrating that debtor was contributing sufficient income to plan.
Issue(s)
Could debtor's plan be confirmed where the debtor listed no income attributable to debtor's spouse on Schedule I, Form 22C, or the statement of financial affairs?

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Consumer opinion summary, case decided on October 07, 2014 , LexisNexis #1114-060

Sinn v. Bank of Am. (In re Sinn)

Ruling
Bankruptcy court lacked jurisdiction over co-debtor's non-core Fair Credit Reporting Act claims that did not arise in and were not related to debtor's case.
Issue(s)
Should the bankruptcy court abstain from hearing co-debtor's FCRA claims because the claims were non-core and neither arose in or under Title 11?

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Consumer opinion summary, case decided on October 07, 2014 , LexisNexis #0215-101

Pugh v. Ennis (In re Ennis)

Ruling
Debts resulting from misrepresentation regarding dogs debtor owned and from defamatory statements about creditor were nondischargeable.
Issue(s)
Was debt for damage to a rental property and for defamation nondischargeable?

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Consumer opinion summary, case decided on June 17, 2014 , LexisNexis #0714-081

In re O&S Trucking Inc.

Ruling
Agreed upon amount of proof of claim was not fixed on petition date.
Issue(s)
Was creditor entitled to claim additional amount of debt above the claim amount agreed upon with debtor on the petition date?

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Commercial opinion summary, case decided on June 06, 2014 , LexisNexis #0914-027