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Legal Opinion

Outlander Gravel v. Nietert (In re Nietert)

United States Bankruptcy Court, W.D. Arkansas

Decided October 10, 2013No. Bankruptcy No. 2:11-bk-74202; Adversary No. 2:12-ap-7018Published

1Opinion of the Court

ORDER AND OPINION

BEN T. BARRY, Bankruptcy Judge.

On April 30, 2010, Outlander Gravel d/b/a Carrick Trucking [Carrick Trucking] obtained a judgment against Rodney T. Nietert [the debtor] for $128,566.12 in the United States District Court, Western District of Arkansas [the District Court case].1 Carrick Trucking’s judgment was based upon the District Court’s finding that the debtor had breached his contract with Car-rick Trucking, converted Carrick Trucking’s property, and was unjustly enriched when Carrick Trucking advanced funds to a construction company to complete a project that the debtor…

2Cases cited14 opinions

  1. In Re Jesse H. Long, Debtor. Barclays American/business Credit, Inc. v. Jesse H. LongCourt of Appeals for the Eighth Circuit · 1985
  2. In Re: Elisabeth Scarborough, Debtor. Mark E. Fischer, Appellee/cross-Appellant v. Elisabeth Scarborough, Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 1999
  3. In Re: John A. Cochrane, Debtor. Tudor Oaks Limited Partnership v. John Alexander CochraneCourt of Appeals for the Eighth Circuit · 1997
  4. Osborne v. Stage (In Re Stage)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2005
  5. Franks v. ThomasonDistrict Court, N.D. Georgia · 1980

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