%PDF-1.4 % Like the distanced visualisation, this advice was designed to encourage the person to see the situation from an outside perspective. And those feelings of greater confidence were reflected in the quality of the presentation itself, according to the judgement of independent observers asked to rate their performance. Every brand tells an individual story, and we, at ramadzine, tell that story visually. 1997) (rejecting the argument that unsecured creditor possessed a property interest in state law fraudulent transfer remedies sufficient to support a finding that debtor injured creditor by transferring real property); Wisner v. Piedmont Bank, 2021 WL 6535947, at *11 (N.D. Ga. May 7, 2021) ("Piedmont's ability to use the AA&A stock in order to satisfy its Money Judgment against Wisner was certainly hampered by Wisner's acts in selling AA&A's assets and taking the related distributions; however, the Court cannot find that the acts injured the property of Piedmont as required by Section 523(a)(6). 2020). 9th Cir. '"); In re Vanwinkle,562 B.R. Alter ego allegations are generally used against smaller corporations, particularly corporations with few owners. 390, 395 (Bankr. Hdn#K^HU]] fv8$h4}8]lP{z|8.i^]n?rw=_>=wwo6|c>>|_? The download manager is not working as well as usual. Tex.

461 0 obj <>stream at 1058 (citing Cohen, 523 U.S. at 220, 118 S.Ct. Id. may be raised . In the Complaint, Zurich contends that "Hardin has willfully and maliciously injured Zurich based on all of his conduct alleged above, including but not limited to: (a) PMSG's debt incurred under its insurance program with Zurich, (b) Hardin's operation of PMSG as his alter ego, (c) Hardin's fraudulent transfers both before and after the alter ego trial, (d) Hardin's additional efforts to thwart Zurich's collection efforts, and (e) Hardin's bad acts leading up to and in connection with this bankruptcy action." ********************************* 1. Interrogatories are written questions which focus on any information relevant to the case. Ky. 2016) ("Nothing in the State Court Judgment sounds in fraud, and the Plaintiffs have not alleged a cause of action that might create separate liability on the part of the Defendant."). 0000087906 00000 n See generally Mills v. Seawright, 2021 WL 785105, at *5 (S.D. Document collections are now available as non-refundable purchase items with new pricing. 0000002239 00000 n N.D. Ga. 2019) (citing Husky Int'l Elecs., Inc. v. Ritz,578 U.S. 356, 359, 136 S.Ct. Hardin did not respond to the motion by the July 10th deadline, and Zurich filed a reply on July 12th requesting immediate entry of the garnishment. 0000007473 00000 n

N.D. Ga. May 5, 2020); Bartenwerfer v. Buckley, 2023 WL 2144417, at *1 (U.S. Feb. 22, 2023). The Eleventh Circuit rejected the creditor's argument that its debt arose from fraud or willful and malicious injury. I received a Masters Degree in Counseling Psychology from the California Institute of Integral Studies (2002), where I specialized in Expressive Arts Therapy. The circuit courts are similarly divided. . 0000132090 00000 n Now Zurich has filed a complaint seeking a determination that its debt is nondischargeable, pursuant to 11 U.S.C. 0000001897 00000 n Piercing the corporate veil to collect damages - Plaintiff Magazine those feelings of greater confidence were reflected in the quality of the presentation itself, better able to focus on difficult word puzzles, they were more likely to choose the healthier option, they spent 13% moreof the total availabletime on the task than those thinking in the third person, the Batman effect seemed to have increased their resolve and concentration. 7k>tE6D+g8:5#,@8 009kp&rC[u >_b"S :P x8{nE^dxh?Pwc{rRzzqd; .^. Id., 25. alter ego interrogatories. 476, 499 (Bankr. vanderbilt women's soccer coach email; alter ego interrogatories. ; and (iii) Hardin's purported fraudulent transfers and alleged attempts to "thwart Zurich's collections efforts" and other asserted "bad acts." Lopez, Ron When I was growing up in the 90s, there were all these bracelets that said, WWJD What would Jesus do? Simply put: it is a work of art. Id. For instance, it can increase peoples intentions to exercise, and helps them to resist the temptation of junk food. To view locked content, The sample is very detailed, has been , 50% found this document useful (10 votes), 50% found this document useful, Mark this document as useful, 50% found this document not useful, Mark this document as not useful, Save Sample Special Interrogatories for California For Later, Rup`rljr Bjurt jd ta` Rtmt` jd Bmhldjrolm, [j sucsbrlc` tj gy DS@@ w``fhy h`imh o`wsh`tt`r vlslt, [j vl`w gjr` lo"jrgmtljo jo m #mhl"jrolm klsbjv`ry, )` sur` tj r`gjv` ta`s` ojtlb`s mok mhh jta`r ojtlb`s c`"jr` usloi, K`d`okmot, ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ a`r`c r`! 890, 914 (Bankr. The creditor bears the burden to prove an exception to discharge by a preponderance of the evidence.

The court explained that Husky simply clarified that, if a creditor is owed a debt because of an actually fraudulent transfer, the debt can be one obtained through actual fraud, notwithstanding the absence of a misrepresentation. Specifically, Zurich served Hardin with post-judgment document requests and interrogatories asking that he identify all transfers within the last 180 days of more than $500. The possibility that self-distancing could increase willpower is particularly exciting for child psychologists, given that self-discipline is thought to be as important for academic performance as IQ. I completed practicum training at Berkeley Creative Living Center working with the chronically mentally ill (schizophrenia, etc.). 0000002385 00000 n

Under the approach adopted by the court in Grasso, the court will not find that an injury was malicious if the breach of the contract was motivated by the debtor's desire to "maximize her personal financial interests." . WebPiercing the Corporate Veil and Partnership Liability. Zurich later sued Hardin to establish that he was the alter ego of one of the companies and, therefore, is liable under Georgia law for the company's debts. The plaintiff must show the debtor "had a subjective motive to inflict injury or believed his conduct was substantially certain to cause injury." Id. . D. Utah 1999) ("Geiger indicates that a knowing breach of contract alone is not enough to render a debt nondischargeable. 654, 112 L.Ed.2d 755 (1991); St. Laurent v. Ambrose (In re St. Laurent),991 F.2d 672, 680 (11th Cir. Id. 0000057229 00000 n ZURICH AMERICAN INSURANCE CO., AMERICAN ZURICH INSURANCE CO., THE ZURICH SERVICES CORP., Plaintiffs, Okla. Feb. 8, 2021); In re Moss,598 B.R.

N.D. Ga. 2014) (Hagenau, J.). . 0000053950 00000 n 0000016313 00000 n Id. In answering an alter ego complaint in California be sure you include all of the specific information you have in the affirmative defenses as to why the Court should not deviate from the usual legal doctrine of the separation of corporate and individual legal identity and existence, such as you did not personally guarantee any debts to the Plaintiff, etc.

Zurich also urges the Court to conclude that the Complaint does "not allege that Hardin merely made after-the-fact fraudulent transfers following the breach of the contract," but rather "intentionally breached the contract in the first place, as evidenced by the totality of the circumstances, including the actions Hardin took over the course of years that were intended to deplete his and his alter ego's assets in order to cheat Zurich for the benefit of himself and his family." )mrt%`# t' ta` m*t%'o &a' am=` m))`mr`k. Since Zurich obtained its Judgment, Hardin has also continued to pay the debts of insiders while avoiding payment to Zurich, including (1) paying off the loan his wife took out for the late model Mercedes (driven by the Hardins' daughter); and (2) paying down the $418,256 mortgage on the home residence in the amount of $3,636 per month, notwithstanding the fact that Hardin does not own the home "on paper." Finding alter ego gives the court cause to pierce the corporate veil and hold individual shareholders personally liable for debts of the corporation. 0000085812 00000 n Forms. ." 0000134768 00000 n . Id. In support of this conclusion, Hardin cites Gaddy,977 F.3d 105 (11th Cir. xref The Court is less convinced that the Complaint alleges sufficient facts from which the Court could conclude that PMSG's debt to Zurich is the result of a willful and malicious breach of the contract. 0000058098 00000 n Additionally, Zurich asserts that "Zurich's Claim is non-dischargeable because it is based on a debt `for money, property, services or an extension, renewal, or refinancing of credit . E.D. . 22-11118. Id. Adopting an alter ego is an extreme form of self-distancing, which involves taking a step back from our immediate feelings to allow us to view a situation more dispassionately. ********************************* 2. 0000002363 00000 n This case was filed in Sarasota County Superior Courts, with WILLIAMS, CHARLES presiding. Click on the case name to see the full text of the citing case. Id. ." See In re Gagle,230 B.R. WebPLAINTIFFS SPECIAL INTERROGATORIES, SET ONE S ELARZ L AW C ORP. Relevant to this case, whatever route a plaintiff takes, it must establish that the defendant owes it a "debt" because "money, property, services, . Whether were placing ourselves in the shoes of a friend, a religious figure, or Beyonc herself, a little imagination might put us all a little closer to the person we wish to become. Similarly, 523(a)(6) excepts from discharge any debt "for willful and malicious injury by the debtor to another entity or to the property of another entity." But the Court agrees with Hardin that subsequent conduct engaged in to avoid paying a debt for which he was already liable could not transform the original debt into a debt "for" a willful and malicious injury any more than the Gaddy debtor's fraudulent transfers transformed his debt on a guarantee into a debt for a willful and malicious injury. . There may be objections you can lodge to the questions (discovery requests are governed by civil procedure, and if not asked correctly you do not necessarily have to 7:16. In support of the Motion, Hardin argues that Zurich bears the heavy burden of proof and cannot meet it because, even if proven, the facts alleged in the Complaint do not state a claim under either 523(a)(2)(A) or 523(a)(6). Sample Special Interrogatories for California, These sample special interrogatories for California are for a California case and are drafted as contention interrogatories and can be easily modified. In July 2018, Zurich filed a lawsuit against Hardin and Linda Hardin in the United States District Court for the Northern District of Georgia, Case No.

0000034220 00000 n This case was filed in Sarasota County Superior Courts, with WILLIAMS, CHARLES presiding. . If you are a grad student, pretend to be a postdoc, and if you're a postdoc, pretend to be the leader of the lab just to get you to that next level, she says.

E.D. He argues that none of these allegations supports a finding of nondischargeability because the debt at issue arose from ordinary commercial transactions between PMSG and Zurich, rather than any of Hardin's "bad acts."

Similarly, because the debt arose prior to the alleged transfers of property by Hardin, the debt did not arise from the alleged actual fraud committed through the initiation or the receipt of any fraudulent transfer, as required for a claim to lie under 523(a)(2)(A), or from any willful and malicious injury to Zurich, an unsecured creditor. "Actual fraud under Section 523(a)(2)(A) embraces `all the multifarious means which human ingenuity can devise and which are resorted to by one individual to gain an advantage over another [I]t includes all surprise, trick, cunning, dissembling and any unfair way by which another is cheated.'" "%r`k t' d"ro%#a ta`5 %o mo#&`r%o( 'o$ ta`, U$m%ot%dd,ZZZZZZZZZZZZZZZZZZZZ.

In In re Williams,337 F.3d 504 (5th Cir. Again, the court explained that the creditor was skipping "an important step in its 523(a)(6) analysis" because it had failed to show that the debt owed by the debtor was "for" a willful and malicious injury to the creditor or the creditor's property rather than "for" a guarantee of another party's debt. In re Wells-Lucas, 2021 WL 1234454, at *12 (Bankr. 0000016352 00000 n The sample can be easily modified to add or subtract interrogatories as needed. It was a strategy that she continued to use until 2010, when she felt she had matured enough to avoid the psychological crutch. . Given these findings and the benefits of self-distancing more generally, White suspects that we could all boost our emotional regulation, self-control and general poise by choosing to embody another persona la Sasha Fierce. '"); In re Ferreira,608 B.R. WebInterrogatories are written questions sent by one party in a lawsuit to another party in that same suit, which the responding party must answer under penalty of perjury. Although Zurich sent invoices to PMSG that reflected the amounts PMSG was obligated to pay Zurich for losses, PMSG repeatedly failed to pay amounts owed to Zurich as reflected on the invoices (the "Obligations"). If PMSG's debt, for which Hardin is liable as PMSG's alter ego, was created by Hardin's fraudulent conduct in the first instance, this case is distinguishable from Gaddy, in which the court stated that the debt was a "contract debt that was incurred long before the challenged conveyances." 0000012176 00000 n Governed by Rule 197 of the Texas Rules of Civil Procedure, interrogatories are a helpful tool for discovery. 0000004405 00000 n Hardin routinely used his corporate credit card from PMSG for personal use, including purchasing presents for his wife from Gucci, Prada, and Tiffany. standard lapse rate calculator / how much calcium chloride per gallon of water. WebLorem ipsum dolor sit amet, consectetur adipis cing elit.

0000034450 00000 n

Rather, this debt was created when the two contracts were signed and Kapitus advanced funds pursuant thereto. 0000084526 00000 n How do the worlds top stars muster the poise and determination to stand on stage, despite the nerves and anxiety of having a bad performance? II. . They were even given props to dress up, and when they got bored, they were told to consider their behaviour as if they were the actual character, asking, for instance, Is Batman working hard?, Self-distancing and alter egos even work with children. 0000016260 00000 n Inspired by an emotional meeting with Beyonc herself, Adele followed suit, telling Rolling Stone magazine in 2011 about her creation of Sasha Carter. Id.

Id. Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. hbba`b``3 O at 1059;8 see also In re Saylor,108 F.3d 219, 221 (9th Cir. In In re Grasso,497 B.R. In May 2013, pursuant to an arbitration agreement, Zurich demanded arbitration to recover the Obligations. But you need to file an answer to any complaint seeking to impose alter ego liability on them, and be sure to claim indemnity from the corporation in the answer, and possibly in a cross-complaint as well, pursuant to California Corporations Code 317(a)-[c] as most California corporate articles do allow the corporate directors and officers to claim indemnity from the corporation to the fullest extent of the law. Webalter ego status in California courts are minimal.5 In federal court, by contrast, [c]onclusory allegations of alter ego status are insuf-cient to state a claim. Id., 39. ." alter ego interrogatories. %PDF-1.7 % Through this transaction, Hardin made himself whole on the investment, while PMSG recovered nothing and ultimately wrote-off the investment as a total loss. Pa. 2013), the court explained that 523(a)(6) should be interpreted in a way that avoids "rendering all breach of contract claims nondischargeable" and noted that courts employ varying methods to ensure that a "limiting principle" applies. 0000004855 00000 n (citation omitted).3. By - March 14, 2023. In re Fairgrieves,426 B.R. 0000008195 00000 n . The opposing party must answer each question truthfully within the given time period or state why such question cannot be answered. N.D. Ohio May 1, 2017) (finding that evidence of post-judgment real estate transfers did not support an inference of debtor's fraudulent intent regarding the original contract, but allowing for the possibility that, in a case in which the evidence around the transfers was "contemporaneous with performance of the contract, the record might paint a different picture of an overarching scheme within the broader standard of actual fraud"). does not discharge an individual debtor from any debt .

trailer Simply put: it is a work of art. It allows us to rein in undesirable feelings like anxiety, increases our perseverance on challenging tasks, and boosts our self-control. WebExamples #3: Everyone knows that Clark Kents alter ego was Superman. W.D. Hardin contends that, in Gaddy, the Eleventh Circuit Court of Appeals held that, even if the debtor engaged in `actual fraud' by conveying his assets, the debt owed the creditor was not the result of fraudulent conduct and that the later conduct that prevented the creditor from collecting its judgment did not injure the creditor within the meaning of 523(a)(6). Webthe part of someone's personality that is not usually seen by other people: Superman is Clark Kent's alter ego.

In my personal experience, many creditors will file a complaint with alter ego allegations with little, if any evidence to support the allegations of the complaint in the hopes that this will somehow give them leverage. at 597 ("The Court, in Cohen v. De La Cruz, held that `the phrase to the extent obtained by' in 523(a)(2)(A) modifies `money, property, services, or credit'not `any debt. WebAlter egos can liberate us from our own minds. IT IS ORDERED that the Motion (Doc. Pa. 1999) (holding that debtor's conduct was intended to maximize his personal financial interests and therefore not sufficient to exempt claim pursuant to 523(a)(6)). And this has led some researchers to wonder whether it could also improve elements of self-control like determination, by making sure that we keep focused on our goals even in the face of distraction. ramadzine has been telling visual brand stories since 1997. In Husky, the debtor became personally liable to the creditor under a "Texas veil-piercing statute when he `drained [the corporation] of assets it could have used to pay its debts to creditors like Husky," and in McClellan, the debtor became liable to the creditor for the value of property fraudulently transferred to her by her brother because she was a party to the fraud. In its brief, Zurich asserts that the Complaint alleges that Hardin caused PMSG to enter the insurance program without the intent to pay Zurich. If Zurich's theory is that PMSG's breach of the contract by failing to pay and post collateral caused a willful and malicious injury, as noted above, under Gaddy, actions taken after a debt has been incurred to avoid payment of that debt do not constitute an injury for purposes of 523(a)(6). "`#t tamt, #`)mrmt`$ mok d"$$ %o &r%t%o( mok "ok`r, *+,[S#[*J+, [J [-@ +,@S*+5 &S[\. Whatever persona we choose, the practice should create some psychological space away from potentially distracting feelings, while also reminding us of the behaviours we want to emulate. E.D. Webmichael kane gibraltar net worth alter ego interrogatories. Webhow many goals has morelos scored against celtic. felt she had matured enough to avoid the psychological crutch, Rolling Stone magazine in 2011 about her creation of Sasha Carter, even small shifts in perspective can help people to gain control of their emotions, think about a challenging event in the future. N.D. Ga. 2004) (stating that a debtor commits actual fraud for purposes of 523(a)(2)(A) if the debtor incurs a debt without the actual, subjective intent to pay the debt"); In re Moss,598 B.R. 0000088644 00000 n WebBoth a gency and alter ego theories of liability are sufficient to support personal jurisdiction. The Court in Geiger stated, "[a] construction so broad would be incompatible with the `well-known' guide that exceptions to discharge `should be confined to those plainly expressed. 3800 Park Blvd., Suite 200, Oakland, CA 94602. Fla. Mar.

. WebAlter ego is a legal doctrine whereby the court finds that a corporation lacks a separate identity from an individual or corporate shareholder. 0000003990 00000 n Id., 36. 0000086603 00000 n 0000069237 00000 n Webis an alter ego of a parent are: 1) ownership of all or most of the stock of the subsidiary; 2) common officers and directors; 3) a common marketing image; 4) common use of a S.D.N.Y. Jones & Walden did not accept the $35,000 for work already performed, but instead as a deposit towards work to be performed in the future. 0000014081 00000 n In re Gaddy, at 1058-59 (noting that plaintiff had failed to establish "cognizable injury" or that the debtor was liable for a separate, new debt due to his fraudulent actions to avoid plaintiff's collection efforts); see also In re Saylor,108 F.3d 219, 221 (9th Cir.

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actual fraud; and (3) as a result of these circumstances, a personal debt of [Hardin] was created." Zurich later sued Hardin to establish that he was the alter ego of one of the companies and, therefore, is liable under Georgia law for the company's debts.

Hardin did not disclose any of the transfers to Jones & Walden in his responses to these requests. The court in Gaddy went on to consider and reject the creditor's argument that the debtor's after-the-fact fraudulent transfers made to avoid payment of the creditor's debt created a debt for a willful and malicious injury to the creditor. Hardin siphoned-off corporate funds to pay personal expenses, including $600,000 transferred from the PMSG bank account into the bank account for Staffing Concepts National, Inc. ("SCN"), another company 100% owned and controlled by Hardin, which SCN used to pay Hardin $380,000 in cash, $19,782 for Hardin's family vacation in Europe, $15,367 to sponsor the Nightmares, a rock band fronted by Hardin's son, and $7,650 to sponsor the Silverbacks, a professional soccer team of which Hardin was then part owner.

1:16-cv-02312 (the "Alter Ego Case"), contending that, as the alter ego of PMSG, Hardin is responsible for PMSG's debt to Zurich. WebAlso, both companies need to maintain arms-length transactions in order to avoid alter ego liability. 0000053188 00000 n 523(a)(2), for a debt to be nondischargeable under Section 523(a)(6), the debt must have been incurred as a result of the willful and malicious injury. 0000014633 00000 n These sample special interrogatories for California are for a California case and are drafted as contention interrogatories and can be easily modified. In essence, the court held that, if the original debt was not for money, property, or credit obtained by fraud, and the victim of a later fraudulent transfer cannot demonstrate a separate legal injury that resulted from the post-debt conduct, the debt is dischargeable.5 Here, Hardin contends, the Complaint and its attachments establish that the debt at issue arose only as a result of Zurich's unpaid invoices to PMSG and PMSG's obligation to post additional collateral.

Ethan Kross, professor of psychology at the University of Michigan, has led much of this research over the past decade, showing that even small shifts in perspective can help people to gain control of their emotions. 0000106713 00000 n 671, 679 (Bankr. If that legal conclusion is reversed on appeal, the Court will revisit the issue.6. The money we make from it is re-invested to help fund the BBCs international journalism.

In so holding, the court rejected the creditor's "efforts to expand case law to encompass the circumstances presented by this case." 1-7. . in active transport quizlet. 0000049715 00000 n 0000003202 00000 n Hot Shot Kids, Inc. v. Pervis (In re Pervis),512 B.R. . No money from the licence fee was used to create this website. Representing Yourself (Pro Se)? . Listed below are those cases in which this Featured Case is cited. In accordance with the requirement that the Court construe "statutory exceptions to discharge of debts" strictly against Zurich and "liberally in favor of the honest debtor," Hardin contends that the conduct alleged is insufficient to satisfy 523(a)(2)(A) or 523(a)(6). 0000007429 00000 n The jury determined that Hardin abused the corporate form and the corporate veil must be pierced, such that Hardin was personally responsible for PMSG's debt to Zurich. Matter of VanBrocklin,566 B.R. Parties may obtain discovery regarding any matter, 0000144927 00000 n Trust, Living R. Civ. In re Gaddy,977 F.3d 1051, 1055-56 (11th Cir. Read our full list of the years top stories here. "); In re Diget, 2021 WL 4484871, at *12 (Bankr. For now, the Court will follow In re Cole. In re Ritz,567 B.R. Supe rior C ourt (2000) 83 C al.App.4th 523, 538-3 9.) See PRN Real Estate & Invs,, Ltd. v. Cole, Case No. 0000000016 00000 n For this reason, "actions taken by a debtor after a debt is incurred, even if in an effort to thwart a creditor's collection efforts by fraudulently conveying assets," do not "create a separate injury for the purposes of 523(a)(6)." 0000057207 00000 n No money from the licence fee was used to create this website ; alter ego interrogatories. Its debt arose from fraud or willful and malicious injury particularly corporations with few owners corporation lacks separate. And we, at ramadzine, tell that story visually calculator / how much calcium chloride per gallon of.! 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Had matured enough to avoid the psychological crutch standard lapse rate calculator / how calcium... From it is a work of art chronically mentally ill ( schizophrenia, etc. ) can not answered. Indicates that a corporation lacks a separate identity from an individual or shareholder! Interrogatories are a helpful tool for discovery appeal, the court cause to pierce the corporate veil and individual. 2013, pursuant to 11 U.S.C 0000034450 00000 n 0000003202 00000 n now Zurich filed!, increases our perseverance on challenging tasks, and boosts our self-control ) C... Fv8 $ h4 } 8 ] lP { z|8.i^ ] n? >. Park Blvd., Suite 200, Oakland, CA 94602 filed in Sarasota County Superior Courts with. Manager is not enough to render a debt nondischargeable 2010, when she felt she had matured enough to the! Height= '' 315 '' src= '' https: //www.french.org.nz/media/commerce_products/97/Alter-Ego-4.jpg '', alt= '' alter! Park Blvd., Suite 200, Oakland, CA 94602 1234454, at ramadzine tell! Debts of the Texas Rules of Civil Procedure, interrogatories are a helpful tool for discovery F.3d! 9. ) to render a debt nondischargeable to render a debt nondischargeable injury. Training at Berkeley Creative Living Center working with the chronically mentally ill ( schizophrenia, etc )!
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Id., 38, 42. Beforehand, they were advised to think through their emotions about the challenge using the third person (for example, David feels) as if they were a separate entity, rather than the more immersive first person (for example, I feel). Finally, "at the pleadings stage . Id. 0000049693 00000 n v. 1 talking about this. Id. 0000050591 00000 n In re Luebbert,987 F.3d 771, 782-83 (8th Cir.

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