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IN RE ECCLES

Bankruptcy No. 07-30694. Adversary Nos. 08-3002, 08-3009.

393 B.R. 845 (2008)

In re Dwayne Shearder ECCLES and Priska Jolanka Eccles, Debtors. Larry J. Fee and Brenda Fee, Plaintiffs, v. Dwayne Shearder Eccles and Priska Jolanka Eccles, Defendants. Patricia A. Brown, Chapter 7 Trustee Plaintiff. v. Larry J. Fee and Brenda Fee, Defendants.

United States Bankruptcy Court, W.D. Missouri.

July 23, 2008.

Attorney(s) appearing for the Case

Lee J. Viorel, III, Lowther Johnson, LLC, Springfield, MO, for Plaintiffs.

Angela D. Acree, Springfield, MO, for Defendants.

Danny R. Nelson, Lathrop & Gage, Springfield, MO, for Patricia A. Brown.

Heather L. Rooney, Lowther Johnson, Springfield, MO, Larry J. Fee and Brenda Fee.

MEMORANDUM OPINION

JERRY W. VENTERS, Bankruptcy Judge.

These two adversary proceedings were consolidated for trial because they arise from a common nucleus of operative facts. In a nutshell, Larry and Brenda Fee contend that the Debtors committed fraud by borrowing $120,000 for one purpose—renovating six houses which were subject to deeds of trust in favor of the Fees—and using that money for purposes unrelated to the renovation project...

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