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IN RE SCHLUETER

BAP No. CO-07-101. Bankruptcy No. 04-30280-MER. Adversary No. 07-01008-MER.

391 B.R. 112 (2008)

In re Nicole Michelle SCHLUETER, former officer, director, shareholder of JXM Capital Holdings, Inc., Debtor. Nicole Michelle Schlueter, Plaintiff-Appellant, v. State Farm Mutual Insurance Co., Defendant-Appellee.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

July 14, 2008.

Attorney(s) appearing for the Case

Charles W. Lilley of Charles Lilley & Associates, P.C. (Holly A. Wilcox with him on the brief), Denver, CO, for Plaintiff-Appellant.

James L. Aab of Aab & Botts, LLC, Denver, CO, for Defendant-Appellee.

Before McFEELEY, Chief Judge, NUGENT, and CLARK, Bankruptcy Judges.

McFEELEY, Chief Judge.

Debtor/Plaintiff/Appellant Nicole Michelle Schlueter ("Debtor") appeals an order of the bankruptcy court for the District of Colorado which granted summary judgment to Appellee/Defendant State Farm. The Debtor argues that the bankruptcy court misapplied the law when it concluded that State Farm's claim was nondischargeable under 11 U.S.C. § 523(a)(3)(A) because although the claims bar date had passed, State Farm had actual knowledge of...

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