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western district of missouri

In re Miller

Ruling
Collection of intervention fees by state department of corrections that did not qualify as "a fine, penalty or forfeiture" violated stay.
Issue(s)
Did department of correction's attempts to collect electronic monitoring, housing maintenance and intervention fees violate the automatic stay?

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Consumer opinion summary, case decided on May 15, 2014 , LexisNexis #0614-089

United States Tr. v. Gregg (In re Gregg)

Ruling
Discharge denied due to failure to disclose sources of income.
Issue(s)
Was debtor's failure to produce information regarding sources of income grounds for denial of discharge?

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Consumer opinion summary, case decided on May 15, 2014 , LexisNexis #0614-099

In re O&S Trucking Inc.

Ruling
Proper valuation of debtor's motor vehicle was replacement value.
Issue(s)
What was proper valuation of motor vehicle securing creditor's claim?

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Commercial opinion summary, case decided on May 13, 2014 , LexisNexis #0914-044

In re Cashatt

Ruling
Lessor entitled to administrative expense claim for postpetition, prerejection rental payments.
Issue(s)
Was creditor landlord entitled to an administrative expense claim for post-petition, pre-rejection rent on nonresidential real property?

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Consumer opinion summary, case decided on April 07, 2014 , LexisNexis #0414-116

In re Johnson

Ruling
Social Security income could not be considered in evaluating motion for totality of circumstances dismissal.
Issue(s)
Could debtor's Social Security income be included in assessing debtor's ability to pay debts and possible dismissal on totality of the circumstances?

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Consumer opinion summary, case decided on February 28, 2014 , LexisNexis #0314-128

Bailey v. Digirolamo (In re Digirolamo)

Ruling
Judgment for battery was nondischargeable.
Issue(s)
Were damages awarded in civil action for battery nondischargeable.

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Consumer opinion summary, case decided on January 17, 2014 , LexisNexis #0214-068

Kraus Anderson Capital Inc. v. Donohue (In re Donohue)

Ruling
Debt was dischargeable as to debtor spouse given evidence spouse was not actually involved in fraud.
Issue(s)
Should debt be held nondischargeable where husband and wife debtors, owners and officers of company, made fraudulent misrepresentations to creditor in connection with the improper sale of two pieces of creditor's collateral and failure to remit proceeds of sale to creditor.

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Consumer opinion summary, case decided on January 03, 2014 , LexisNexis #0214-020

Running v. Miller (In re Miller)

Ruling
Annuity qualified as exempt IRA.
Issue(s)
Did annuity qualify as an IRA so as to allow debtor to claim an exemption.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on November 04, 2013 , LexisNexis #1113-116

Schlueter v. Caldwell (In re Caldwell)

Ruling
Debt relating to sale of membership interest in LLC that qualified as a security was nondischargeable.
Issue(s)
Was debt relating to sale of membership interest in LLC nondischargeable as resulting from a securities violation.

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Consumer opinion summary, case decided on October 25, 2013 , LexisNexis #1113-123

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

Ruling
Debt was nondischargeable due to debtor's unlawful use of fire insurance proceeds.
Issue(s)
Did debtor's diversion of fire insurance proceeds from corporate account for own use create a nondischargeable debt.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 19, 2013 , LexisNexis #1013-013