Werner v. Hofmann

D. North Dakota

Werner v. Hofmann

161 B.R. 998, 1993 U.S. Dist. LEXIS 16539, 1993 WL 540879

CourtDistrict Court, D. North Dakota

DecidedMarch 1, 1993

Docket4:00-k-00004

StatusPublished

Cited by4 cases

This text of 161 B.R. 998 (Werner v. Hofmann) is published on Counsel Stack Legal Research, covering District Court, D. North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Werner v. Hofmann, 161 B.R. 998, 1993 U.S. Dist. LEXIS 16539, 1993 WL 540879 (D.N.D. 1993).

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Opinion

MEMORANDUM AND ORDER

CONMY, District Judge.

The Werners appeal from an order of the bankruptcy court, 144 B.R. 459, holding that the judgment held by the Werners is dis-chargeable in the Hofmann’s bankruptcy proceeding.

The judgment arises from a series of annual agreements involving cattle placed by the Werners on the Hofmann land. When the conflicting accounting of cows and calves was presented to the State District Court, the Werners were awarded some $33,000.00 for dead or missing cows and calves. The case was decided on the basis of contract law, although plaintiffs urged that theories of fraud and conversion were applicable. From the opinions of both the State District Judge and Bankruptcy Judge Hill, the court gleans a strong sense of “a pox upon both your houses” in that the record keeping was poor, actual inventories not taken, testimony conflicting, and the parties conduct was often, apparently by agreement, in direct conflict with the written agreements.

From the review of the record transmitted, the authorities cited and the arguments of counsel, the court finds no errors of law or clearly erroneous factual findings. The determination by the bankruptcy court that the judgment did not fall within the categories of claims not entitled to discharge is affirmed and the appeal therefrom is hereby DISMISSED.

SO ORDERED.

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MEMORANDUM AND ORDER

CONMY, District Judge.

The Werners appeal from an order of the bankruptcy court, 144 B.R. 459, holding that the judgment held by the Werners is dis-chargeable in the Hofmann’s bankruptcy proceeding.

The judgment arises from a series of annual agreements involving cattle placed by the Werners on the Hofmann land. When the conflicting accounting of cows and calves was presented to the State District Court, the Werners were awarded some $33,000.00 for dead or missing cows and calves. The case was decided on the basis of contract law, although plaintiffs urged that theories of fraud and conversion were applicable. From the opinions of both the State District Judge and Bankruptcy Judge Hill, the court gleans a strong sense of “a pox upon both your houses” in that the record keeping was poor, actual inventories not taken, testimony conflicting, and the parties conduct was often, apparently by agreement, in direct conflict with the written agreements.

From the review of the record transmitted, the authorities cited and the arguments of counsel, the court finds no errors of law or clearly erroneous factual findings. The determination by the bankruptcy court that the judgment did not fall within the categories of claims not entitled to discharge is affirmed and the appeal therefrom is hereby DISMISSED.

SO ORDERED.

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Bluebook (online)

161 B.R. 998, 1993 U.S. Dist. LEXIS 16539, 1993 WL 540879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/werner-v-hofmann-ndd-1993.

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