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Opinions—Judge Arthur B. Federman

The opinions contained on this site are provided for reference use only and are not to be considered "official court documents." If you require an official copy, contact the Clerk's Office.

08/04/2011 In re James and Kathy Foresee, Case No. 11-60155 Court could look at proportionate contributions toward purchase of a CD which was titled in the names of the debtor, mother, and brother, so long as the mother, who contributed 100%, was still alive.
06/02/2011 In re Harris, Case No. 10-61610; In re Williams, Case No. 10-62781 Child Tax Credits, Earned Income Tax Credits, and Making Work Pay Tax Credits are property of the estate to be treated in the same way (i.e., prorated) as garden variety income tax refunds.
03/23/2011 In re Rita Annette Berry, Case No. 11-40322 Car dealer violated Missouri statute by retaining title to car sold to Debtor until purchase price fully paid and thus, the sale agreement was void; damages measured under Article 9 of the UCC
01/26/2011 In re Travis David Rogers, Case No. 10-42463 If an adversary complaint is filed against a debtor who is represented by an attorney in the main bankruptcy case, plaintiff is required to properly serve a debtor's attorney in accordance with the rules, regardless of whether the attorney initially agreed to represent the debtor in such adversary. Stewart Title Guaranty Co. v. Rogers, Adv. No. 10-4021 (Bankr. W.D. Mo. Jan 26, 2011)
9/20/2010 In re Patricia Louise Tucker, Case No. 10-61004 MERS structure allows noteholder to appoint MERS to hold Deed of Trust as agent for original noteholder and its assignees who are also members of MERS; Assignment of note or deed of trust postbankruptcy does not violate automatic stay if mortgage was properly perfected on date of filing. In re Patricia Louise Tucker, Case NO. 10-61004 (Bankr. W.D. Mo. September 20, 2010).
08/13/2010 n re Smith, Case No. 10-60388 Debtor could not claim exemption in teacher retirement account pursuant to Mo. Rev. Stat. 168.070 because, pursuant to In re Benn, that statute is not an exemption statute for purposes of Mo. Rev. Stat. 513.427.
05/29/2010 In re James Warren Sheppard, Case No. 09-43272 Credit card proof of claim which attached three monthly credit card statements and other specified information was adequately documented. In re Sheppard, Case No. 09-43272.
05/21/2010 Town Center Plaza, L.L.C., Case No. 09-61290 Debtor failed to establish claim against construction lender under quantum meruit theory. John M. Gill Masonary v. Town Center Plaza, L.L.C. (In re Town Center Plaza, L.L.C.) , Adv. No. 09-6052
06/03/2010 In re Marty Eugene Box, et ux., Case No. 10-20086 Movant who failed to produce original Note, which had been endorsed in blank, lacked standing on a motion for relief from stay.
10/13/2009 In re Justice, Case No. 07-40195 Plan Amendment Must be Based on Substantial and Unanticipated Postconfirmation Change in Debtor's Financial Condition.
09/30/2009 In re Kathy Kay Tyler, Case No. 09-60916 Although section 1325 authorizes a debtor to surrender property, a debtor cannot force the creditor to take ownership or possession of such property; debtor remains liable for postpetition taxes and hazards on the property until creditor accepts ownership by deed or foreclosure.
08/10/2009 In re William Preston Anderson, et ux., Case No. 08-62402 Civil Service Retirement Benefits Paid Pre-Petition Are Exempt.
08/10/2009 In re Kaylyn Zieg, Case No. 09-60215 (Bankr. W.D. Mo. May 6, 2009). DVD player was equivalent of VCR, and lawn mower and weedeater were "appliances," and thus all constituted "household goods" for purposes of section 522(f)(4)'s limitations on lien avoidance.
05/04/2009 In re Ardeen D Burnes, Case No. 08-42814 Debt owed directly to guardian ad litem continues to be nondischargeable post-BAPCPA if in the nature of child support.
03/18/2009 In re Bonnie Mai Bellingroehr, Case No. 08-61582 TBE Property conveyed to the debtors' joint revocable trust did not sever the tenancy because the trust did not authorize the debtors, as grantors and trustees of the trust, to act independently of each other with respect to the trust or its assets.
03/16/2009 Petro v. Miller (In re MIller), Case No. 08-4144 (Bankr. W.D. Mo. March 6, 2009). Although the Debtor's schedules contained "material" omissions, they did not amount to the "knowing and fraudulent making of a false oath" under 727(a)(4). However, a judgment debt racial discrimination was given collateral estoppel effect as to nondischargeability under 523(a)(6) for willful and malicious injury.
03/09/2009 In re Carey, Case No. 08-44782 Local Rule 3094-1, requiring debtors who are delinquent in mortgage payments when case is filed to make ongoing mortgage payments through the plan applies, unless the debtors can demonstrate that they will be able to timely make ongoing mortgage payments, and plan payments; otherwise, plan proposing direct payments will not likely be feasible.
12/10/2008 In re Montanaro, Case No. 08-60665 (Bankr. W.D. Mo. Dec. 10, 2008). Debtor's conversion of non-exempt mutual funds into exempt IRAs on the eve of bankruptcy was permissible exemption planning in light of the Eighth Circuit's opinion in Addison v. Seaver.
11/20/2008 Marie v. Citibank, Case No. 07-6032 The Debtor incurred over $210,000 in student loans seeking a doctoral degree in psychology. When she failed to obtain her degree, she filed for Chapter 11 and sought to have her loans discharged under §523(a)(8). At the time of her trial, approximately $180,000 of her student loans were held by ECMC and $30,000 were held by Sallie Mae; while the ECMC loans were subject to an Income Contingent Repayment Plan (ICRP), the Sallie Mae loans were not. The Debtor, relying upon In re Reynolds, 425 F.3d 526 (8th Cir. 2005), claimed that she suffered from depression that affected her ability to work and that was exacerbated by the existence of her loans. The court found that the Debtor suffered only from temporary depression that did not prevent her from being capable of obtaining employment in her field and earning an annual salary of about $40,000. However, using the totality of the circumstances approach followed by the 8th Circuit, set forth in In re Long, 322 F.3d 549 (8th Cir. 2003), the court found that requiring her to repay the Sallie Mae loans and a portion of the ECMC loans would pose an undue hardship on her, and were therefore dischargeable. The court examined the ICRP option available to the Debtor for the ECMC loans and found that, even if she was earning an annual salary of $40,000, her monthly payments calculated under the plan would pose an undue hardship when considered with her reasonable monthly expenditures.
11/17/2008 Steven Scott Schmidt, Case No. 08-41559 Court sets out requirements of reaffirmation agreements, including parameters for hearings on, and approval of, such agreements, and denies approval of reaffirmation agreements on debtor's residence because he failed to overcome a presumption of undue hardship under 524(m).
11/17/2008 Steven A. Mahannah, et ux., Case No. 07-61816 Debtors were not permitted to rescind a reaffirmation agreement, pursuant to Rule 60(b), five months after the deadline under 524(c)(4) simply because they did not understand the consequences of reaffirming without verifying whether the lien was perfected.
08/08/2008 Larry D. Ward and Nina S. Ward, Case No. 08-60766 Debtors were permitted to propose Chapter 13 Plan which incorporated terms of a prepetition forbearance agreement on their residential mortgage; creditor did not demonstrate that the filing of the bankruptcy petition amounted to a change in financial circumstances to warrant the termination of the forbearance agreement.
07/11/2008 David Eugene Carter, Case No. 07-61667 Confirmed plan proposing to surrender collateral in lieu of debt has res judicata effect and is binding on creditor who did not object to confirmation. Such creditor is prohibited from asserting an unsecured claim for any deficiency.
05/13/2008 William Edward Dufva and Carolyn Marion Dufva,Case No. 07-60743 Debtors who moved to Missouri on the 730th day before they filed their bankruptcy petition are required to claim Missouri exemptions; court described methods of counting periods of time under various provisions of the Bankruptcy Code.
03/17/2008 Steven Keth Mowris and Marilyn Sue Mowris,Case No. 07-61100 Above-median Chapter 7 debtors are not permitted take a deduction on the means test for payments on loans against retirement accounts.
12/18/2007 In re Lisa Kay Weiser, Case No. 07-40714 The Hanging Paragraph of Section 1325(a) protects a purchase money creditor where the loan proceeds were used to not only finance the purchase of a new car, but also to pay off the lien on a separate car being traded in, if the evidence shows that the debtor would not have been able to purchase the new car unless the lien on the trade-in was paid off. Therefore, the creditor's purchase money security interest includes funds used to pay off the old car. In addition, the PMSI covers the portion of the loan used for gap insurance and an extended servicve warranty, since they represent expenses incurred in connection with acquiring rights in the vehicle.
11/30/2007 In re Shante LaShell RIding, Case No. 07-42368 Following the Eighth Circuit BAP′s decision in In re Frederickson, the Court deviates from its prior interpretation of "projected disposable income" under section 1325(b), and adopts a mechanical application of the numbers from Form 22C to determine whether a plan can be confirmed. Hence, the Court may no longer consider the debtor's actual circumstances for plan confirmation purposes.
09/07/2007 In re Vikki J. Nickerson, Case No. 07-41889 If the effect of section 522(b)(3)′s domiciliary requirements is to render a debtor ineligible for any state′s exemptions because the domiciliary state has opted out of the federal exemption scheme and does not permit non-residents from claiming the state's exemptions, the debtor may elect to exempt property under section 522(d).
09/04/2007 In re Mahony, No. 06-60347 (Bankr. W.D. Mo. September 4, 2007), and In re Anderson, No. 07-60768 (Bankr. W.D. Mo. September 4, 2007) Case No. 07-30271 Pursuant to the Eighth Circuit's decision in In re Benn, debtors may no longer use Mo. Rev. Stat. 513.424, and the prior case law thereunder, to claim exemptions in unliquidated personal injury claims.
08/02/2007 In re Coleman, Case No. 07-30271 Section 1322(b)(2)'s antimodification provision still applies only to real property that is the debtor's principal residence; the enactment of section 101(13A) to expressly include mobile homes in the definition of "debtor's principal residence" did not similarly expand section 1322(b)(2) to include mobile homes. Court also announced method for determining the replacement value of a mobile home under section 506(a)(2).
06/19/2007 In re Cheatham, Case No. 07-40509 In determining the value of vehicles under section 506(a)(2), unless the parties wish to present evidence that such value is not applicable under the circumstances, the Court will use NADA "clean retail value," less the anticipated cost of bringing car to "clean" condition as defined by NADA, less 5%.
06/12/2007 In re Williams, Case No. 07-40956 Distinguishing In re Humphrey, 310 B.R. 735 (Bankr. W.D. Mo. 2004), court held that relief from the co-debtor stay is warranted under section 1301(c)(2) if the plan proposes a zero percent dividend to unsecured creditors, regardless of whether moving creditor filed proof of claim.
01/16/2007 In re Lovelace, Case No. 06-43464 A debtor does not need to move to extend the automatic stay if the only case pending during the prior year as to that debtor was a Chapter 7 in which debtor's debts were discharged. Since the prior case was not dismissed, Section 362(c)(3)(B) is not applicable.
01/07/2007 In re Ward, Case No. 06-42411 Social security income is not required to be included in the analysis of whether a debtor is contributing all “projected disposable income” to the plan under § 1325(b)(1)(B).
11/14/2006 In re Braxton and Karen Gray, Debtors, Thomas J. O'Neal, Plaintiff v. Jim Arnold, Defendant, Adversary No. 06-6067 Bankruptcy Court applied Missouri's canon law approach, rather than the civil law approach, to determine whether a cousin was a "relative" within the third degree of consanguinity, and thus an "insider," of the debtor for preference avoidance purposes.
10/12/2006 Riggs reaffirmation Court denies approval of reaffirmation agreement on 1993 vehicle, with interest rate of 18.9%. Nevertheless, Court holds that, by singing reaffirmation agreement debtor has complied with requirements of section 521(a)(2). And, once discharge is entered, if debtor remains current on payment obligations, creditor may not rely on ipso facto clause in loan documents to repossess vehicle unless creditor demonstrates that its position has been significantly impaired.
08/22/2006 Nathan and Catherine Osborn - 06-41015 Because the "hanging paragraph" in section 1325(a) does not differentiate between retaining the vehicle under section 1325(a)(5)(B) and surrendering it under section 1325(a)(5)(C), a hanging paragraph creditor's claim cannot be bifurcated under section 506 in either circumstance. Accordingly, when the debtor surrenders the vehicle, such surrender is in satisfaction of the hanging paragraph creditor's fully secured claim, and the creditor is not entitled to a claim for any deficiency
06/14/2006 In re Gress, Case No. 05-72063 Above-median Debtors who proposed a plan that would be completed in 33 months based on the proposed plan payments, without paying unsecured creditors in full, could not be confirmed. In addition, although the Debtors' Form B22C showed minimal disposable income due to deductions for secured debt payments on rental properties and vehicles, including one driven by their adult child, was merely a starting point for determining "projected disposable income." Debtors' actual "projected disposable income" was significantly higher.
06/01/2006 In re McGuire, Case No. 06-60054 Under BAPCPA sections 1325(b) and 707(b), debtors are not entitled to claim a vehicle ownership expense deduction pursuant to the IRS Local Standards on their Form B22C if they do not own a vehicle or own their vehicles free of liens. However, because a debtor's "projected disposable income" is not fixed at the outset of the case, debtors may adjust their disposable income, and plan payment, if circumstances change. In addition, the "applicable commitment period" under 1325(b) is a temporal requirement, and a debtor may not propose a plan which proposes to pay the Disposable Income Pot in less than the applicable commitment period, unless unsecured creditors are being paid in full.
06/01/2006 In re Moon v. Bauer, Case No. 06-6061 Relying on Rule 1016, which provides that the death of a debtor "shall not abate a liquidation case under Chapter 7" and which mandates that the bankruptcy estate be administered as though the death never occurred, the court declined the debtors' probate estate personal representative request, pursuant to section 305, to abstain or suspend the bankruptcy proceedings to permit the personal representative to administer the now-deceased debtors' assets and claims in the probate court.
05/19/2006 In re Hicks, Case No. 06-60003 With certain exceptions, under section 522(g), a debtor may not claim an exemption in property to the extent the property is encumbered by a voluntary, but unperfected, lien, even though the trustee has taken no formal action to have the lien avoided. The trustee is not required to bring an adversary action in order to "recover" property for the benefit of the estate pursuant to the trustee's strong arm power under sections 544 and 550; rather, so long as the trustee asserts the estate's interest in the property when faced with an unperfected or otherwise avoidable lien, the property has been recovered by the trustee, and the debtor may not claim such property as exempt.
04/10/2006 In re Checkett v. McGehee, Case No. 05-6113 Court would not impose a constructive or resulting trust on funds transferred to debtors by debtors' parents for Medicaid planning purposes.
03/17/2006 Martin Order denying motion to proceed in forma pauperis A Bankruptcy court has the authority to waive adversary action filing fees in bankruptcy cases, but in order for the plaintiff to demonstrate in forma pauperis status, the plaintiff must show that paying the fee will cause the plaintiff to give up the basic necessities of life. The plaintiff in this case did not demonstrate that she qualified for in forma pauperis status.
03/15/2006 Baucom Order re offset of federal tax obligation-mutuality For purposes of setoff under section 553, all agencies of the United States, except those acting in some private capacity, are a single governmental unit and, therefore, the mutuality requirement is met. Further, a debtor is not entitled to claim an exemption in an income tax refund to the extent it is subject to a setoff.
03/06/2006 Lance Order re security interest in snowmobile In Missouri, a snowmobile is a "consumer good" under Article 9 of the UCC and, therefore, a purchase-money security interest in a snowmobile is perfected when it attaches.
02/10/2006 Marijohn LaNette Robinson, Case No. 05-71899 Although the BAPCPA amendments to section 1325(a) provide that section 506 no longer applies to claims that are secured by a vehicle purchased by the debtor within 910 days prior to filing for bankruptcy protection, and Chapter 13 debtors therefore can no longer propose to bifurcate such claims into secured and unsecured portions based on the value of the vehicle, such creditors are not entitled to their contract rate of interest. The BAPCPA amendment to section 1325(a) did not overturn the Supreme Court's decision in Till v. SCS Credit Corp., 541 U.S. 465, 468-69, 124 S.Ct. 1951, 1955, 158 L.Ed.2d 787 (2004), holding that the "prime-plus" formula approach applies to such claims. Accordingly, the interest rate provided by Local Rule still applies to such claims in this District.
02/02/2006 Rorie Joseph Orgeron, Sr. and Rose Herty Orgeron, Case No. 05-63826 Contributions made to retirement plans in contemplation of bankruptcy are "fraudulent" under Mo. Rev. Stat. 513.430.1(10)(f) and 456.630 and are, therefore, not exempt.
02/06/2006 Kuecker Equipment Company, Case No. 05-49715 Because corporate officers may be held individually liable for tortious corporate conduct if they have actual or constructive knowledge of, and participated in, an actionable wrong under Missouri law, a party may pursue a cause of action against the officers and directors of a debtor-corporation without violating the automatic stay, so long as the cause of action does not attempt to assert a cause of action belonging to the debtor and does not attempt to recover assets of the debtor. Further, as to the party's actions that did violate the automatic stay, the debtor failed to present any evidence of damages resulting from the violation of the automatic stay and, therefore, the debtor was not entitled to recover attorney's fees. The debtor was not entitled to an additional, separate hearing on the issue of damages.
02/09/2006 Peter G. Bender, Case No. 04-63316-ABF Rejecting the debtor's argument that a bankruptcy court may partially discharge a student loan, the bankruptcy court found that the debtor failed to prove that requiring him to repay his student loan debt would impose an undue hardship on him under the totality of the circumstances and, therefore, the student loan debt was nondischargeable.
01/31/2006 Michelle Ann Urie, Case No. 05-61125 Because an engagement ring is given to a woman in contemplation of marriage, an engagement ring is encompassed within the exemption found in Mo. Rev. Stat. § 513.430.1(2), which provides for an exemption in “[a] wedding ring not to exceed one thousand five hundred dollars in value.”

In addition, Missouri's vehicle exemption, Mo. Rev. Stat. § 513.430.1(5), allows debtors to allocate their vehicle exemption among more than one vehicle, so long as the total amount exempted does not exceed $3,000 per debtor.

12/27/2005 Marty Joe Nuttall, Sr. and Sharon Elizabeth Nuttall, Case No. 05-72068 The court grants the In forma Pauperis application of debtors whose income is less than 150% of the poverty level, and who were found to be unable to pay the filing fee in installments.

Dale Eldon Lund and Lilith M. Lund, Case No. 05-62219

Under the plain language of the Missouri statutes, a motorcycle (as opposed to a motorized bicycle) is a motor vehicle and is, therefore, included within the exemption provided under Mo. Rev. Stat. 513.430(5).
11/09/2005 Freddie Earl Bell and Alice Faye Bell, Case No. 05-61943 Phrase "in the aggregate" as used in amendment to R.S.Mo. 513.430.1(5), was added to allow debtor to claim more than one vehicle as exempt, within the $3000 total value limitation contained in such provision.
11/01/2005 Stover Exemption in Annuity Order An annuity resulting from a settlement in an action for the wrongful death of the debtor's father was not exempt under Missouri Statute 513.430.1(11) because the debtor was not a dependent of the father, and was not exempt under 513.430.1(10)(e) because it was not related to the debtor's employment.
11/01/2005 James Objection to Exemption Insurance commissions that are paid to a Chapter 7 debtor prepetition that are the result of debtor's personal services are exempt as wages under Missouri's wage exemption statute.
10/06/2005 Nguyen Homestead Exemption Debtor can claim the entire Homestead exemption in her interest in property held as tenants in common if there is no indication her fellow tenants intends to claim any part of the exemption
04/28/2005 Woodruff Objection to Exemptions A debtor demonstrated that he intended to return to the only home he has ever owned at the time he vacated the premises in 1996. Missouri's homestead exemption statute can be given extraterritorial effect in a bankruptcy case.
04/12/2005 Saathoff Disgorgement of Fees An attorney for a debtor-in-possession must disgorge fees previously awarded to the extent that the debtor-in-possession failed to make court-ordered adequate protection payments, and there were insufficient funds in the estate to make those payments.
12/23/2004 Acoustiseal V. Janesville subsequent new value An extension of new value can be applied against any preceding preferential transfer, not just the transfer immediately preceding the extension.
12/23/2004 Hughes annuity exemption The right to future payments from an annuity as part of a structured settlement for personal injury is not exempt in a Chapter 7 bankruptcy case filed in Missouri.
12/23/2004 Bryan Redemption Value This court will us the NADA Guide's trade-in value for the redemption value of cars in average condition. It will consider use of other pricing guides if either party proves the car is in something other than average condition or if regional differences apply.
09/19/2004 Wieberg v. Thompson A document creates a valid security interest if the language, taken as a whole, leads to the logical conclusion that the parties intended to create a security interest. As between the parties, a debt is nondischargeable if the debtors convert property in which a creditor has a valid security interest with the intent to injure that creditor. If a court finds debtors offered no credible explanation for the disappearance of property in which a creditor held a valid security interest, the court will find that debtors converted the property, and the conversion was willful and malicious.
09/19/2004 Kapp Mnt to suspend A motion to suspend is not an impermissible modification of a debt secured solely by a debtor's residence.
09/19/2004 Memoshaffer A truck loan to a debtor and his father, which the borrowers represented was to be used in the father's farming operation, was for a commercial purpose, such that the father was not entitled to the benefit of the co-debtor stay. Furthermore, since the truck served as collateral for another loan made to the debtor by the same bank, the bank was not obligated to return the title to the father after the first loan was paid off by garnishing the father's bank account.
08/19/2004 Bankruptcy Courts have no jurisdiction to vacate a dissolution of marriage entered by a state court. Bankruptcy Courts have no jurisdiction to vacate a dissolution of marriage entered by a state court.
07/26/2004 Gallivan The extent of the IRS's lien as to the liable spouse's interest in real and personal property held as tenants by the entirety is equal to one half the value of said property on the petition date.
05/12/2004 Bowman An improperly filed, intervening bankruptcy case tolls during the pendency of the case the 180-day ban on filing found in Section 109(g)(2) of the Code.
05/05/2004 Mitchem alimony exemption The future right to maintenance is not an asset of the bankruptcy estate, therefore, section 541(a)(5) in inapplicable.
05/05/2004 Taylor v. Montgomery Court denies a debtor his discharge when he admits that he failed to accurately list his income because he had failed to declare all of his income for three years on his tax returns, even though he probably would have owed no taxes.
02/26/2004 Hershel Preston Montgomery A creditor's motion to intervene to protect a property interest in an objection to exemption combined with the Answer to a Complaint in which the creditor assets as an affirmative defense a judgment against the debtor in a specific amount is sufficient to constitute an informal proof of claim subject to amendment.
01/21/2004 In Re: Payless Cashways, Inc. An insurance provider is entitled to the value of the services provided during the post petition period if the debtor neither accepts nor rejects the policies prior to their termination. The application of a letter of credit to the pre petition claim the letter of credit secures will not be included in the calculation of the value of the post petition services provided the insurer does not receive more than the minimum premium to which the policies entitled it.
01/21/2004 In Re: Lawson-Adams Enterprises, Inc. v. Robert Dean Lawson Under Missouri law, a lien against real estate owned by a party who was not a party to a dissolution proceeding is void. A bankruptcy court is, therefore, not bound by the void lien, and will sustain an objection to a proof of claim filed by a creditor who claims a secured interest in said real estate as a result of the void lien.
11/25/2003 In Re: Williams v. Williams Property Settlement obligation is dischargeable if debtor contributes all his disposable income to fund a Chapter 13 plan.
01/24/2003 In Re: AcoustiSeal, Inc., debtor Employee claims for severance are only entitled to administrative expense status to the extent severance is earned post-petition.
12/19/2002 In Re: Steven L. Downing and Kelley A. Downing, debtors Under Missouri law a creditor is entitled to claim a deficiency on repossessed collateral only if notice of sale strictly complies with the UCC, including the method of disposition by public or private sale.
11/19/2002 In Re: Debbie Kay Rusher, debtor Serial filers third chapter 13 Bankruptcy case is dismissed with prejudice to filing for 3 years, the time she unreasonably delayed her creditors in their collection efforts.
10/25/2002 In Re: Houhilan's, Inc., debtor A seller's right of reclamation is subordinate to the claims of a secured creditor which has a floating lien on inventory. If the creditor is over secured, the reclamation right may have value. If the creditor is under secured, the reclamation right has no value.
06/19/2002 IN RE: Pamela J. Demars An earned-income-tax credit is tax refund, not a public assistance benefit, therefore, it is not exempt pursuant to section 513.430.1(10)(a) of Missouri's Revised Statutes.
06/06/2002 IN RE: Dee Linda Walker The filing of a joint return is not sufficient to create a tenancy by the entirety in the refund if only party to the tax return is a wage earner.
04/04/2002 IN RE: GEORGE JOHNATHAN LAMBERT, (Debtor), JERRY L. WEESE, (Plaintiff), v. GEORGE JOHNATHAN LAMBERT, (Defendant) Once a party objecting to a debtor's discharge presents evidence that the debtor concealed assets, or understated income, the debtor must then prove that he did not do either. If the debtor does not appear at trial to refute such evidence, the court will infer that the debtor intended to conceal assets and understate income, and will deny the discharge.
02/06/2002 IN RE: DIAL BUSINESS FORMS, INC. (Debtor), GENERAL ELECTRIC CAPITAL CORPORATION, (Plaintiff) v. DIAL BUSINESS FORMS, and PAUL SINCLAIR. as Trustee on behalf of Class 3 Unsecured Creditors (Defendants) The lapse of a UCC-1 Financing Statement, as to the secured creditor with the first lien priority, after a confirmed Plan of Reorganization defined the priority and lien rights of the first two creditors, will not cause that security interest to become unperfected as to the junior lien holder.
01/25/2002 IN RE: PAYLESS CASHWAYS, Inc. A UCC-1 Financing Statement, filed as a precaution to protect a true lease, will serve to perfect a security interest when the debtor buys the assets subject to the lease at a later date and grants the lessor, now seller, a security interest.
01/04/2002 IN RE: Patricia (nmn) Satterwhite The Uniformed Services Former Spouses Protection Act grants a former spouse an inalienable, proprietary interest in a portion of the member's military pension, which excludes the pension from the former spouse's bankruptcy estate.
11/19/2001 IN RE: Lyle Dwight Thornton and Cherielouise Thornton Converting a mobile home to a fixture, converts the mobile home to a dwelling house. Debtors are then entitled to a homestead exemption, but not a mobile home exemption.
11/08/2001 IN RE: Melinda Ann Scobee A professional woman's Chapter 7 case will be dismissed as substantial abuse since she can help support her emancipated daughter, maintain her professional life style, and still repay 27 percent of her unsecured debt.
07/05/2001 IN RE: Jerry A. Pfautz and Suzanne Pfautz Secured party perfects a security interest in unsolicited securities by taking control when debtor grants secured party the exclusive right to dispose of securities at time debtors sign third party pledge agreement.
06/27/2001 IN RE: Dean Allen Kolich and Michele Rene Kolich, debtors Debtor can avoid a judicial lien to the extent the judicial lien impairs whatever exemptible interest debtor has in the property relative to the judicial lien's priority position.

IN RE: Payless Cashways Vendor relationships Certain critical vendors may be entitled to post-petition debt if debtor can demonstrate that the vendor's product is absolutely necessary to debtor's continued operation and to debtor's efforts to reorganize.
06/14/2001 IN RE: Chiles Power Supply Company, Inc. dba Heatway Systems The Bankruptcy Court has personal jurisdiction over a foreign creditor that commits an act in another country that has an impact in the United States on a confirmed plan of reorganization.
06/04/2001 In RE: Stephen Edward Penn & Ida Maria Penn - Debtors, Lestere Cox Medical Center - Plaintiff v. Ida Maria Penn & United States Department of Education - Defendants No contractual provision that award costs, expenses and attorney's fees as a cost of collection is implicated when an action to collect the debt was unnecessary.
03/29/2001 IN RE: Fitzgeralds Gaming Corporation and Fitzgeralds Incorporated Court lacked jurisdiction to hear dispute among parties not in bankruptcy.
02/20/2001 IN RE: Bruce Lee Thompson and Charlet Mary Thompson Filing of amended proof of claim constitutes a response to trustee's objection to exemption.
02/13/2001 IN RE: Robert L. Soper and Leslie R. Soper - Debtors Married couple living together may only claim one residence as their homestead.
02/13/2001 In RE: Terry Kent Merrill and Cynthia Ann Merrill Missouri motor vehicle lien does not cover future advances unless so noted on the Certificate of Title.

Gary Paul Lumley - Debtor
Leah Gay Lumbley - Plaintiff v.
Gary Paul Lumley - Defendant

Since the debtor was able to pay a marital debt, and the non-debtor spouse was not able to do so, debtor's obligation was not dischargeable under 11 U.S.C. § 523(a) (15)
01/31/2001 IN RE: Richard Charles Tolbert Debtor enjoined from filing bankruptcy for 3 years without first obtaining court approval.
01/20/2001 IN RE:
Kevin Hugh Kennard - Debtor
Frieda J. Kennard - Plaintiff v.
Kevin Hugh Kennard - Defendant

Debtor did not have ability to pay marital debt, so obligation discharged under 11 U.S.C. § 523(a) (15).

01/12/2001 IN RE: George Stanley Revelle Motion to approve settlement between trustees and debtor denied.
12/08/2000 IN RE: R.M. Taylor, INC - R. M. Taylor, Inc v. H.M. White, Inc. Payment by debtor-contractor to subcontractor which had mechanics lien rights held not to be a preferential transfer.
11/13/2000 IN RE: Elisabeth Ann White Chapter 13 Plan filed by debtor who owes judgment for malicious prosecution held not confirmable.
11/01/2000 IN RE: Daniel Sullivan Smith Unmarried joint owners of a homestead are not each entitled to claim $8000 homestead exemption.

Payless Cashways, Inc. - Debtor, Payless Cashways, Inc. - Plaintiff v. Tippecanoe County, Indiana, et al - Defendants

Taxing authority enjoined from attempting to collect taxes which were treated in Chapter 11 Plan.
09/08/2000 IN RE: Eugene Ray Radford Proceeds of social security payments are exempt from attachment, even after deposit in a bank account.
07/06/2000 In RE: Hutton Valley Farms Rule 9011 sanctions imposed on attorney who filed Chapter 7 case for partnership with no assets.
06/23/2000 IN RE: O. Wayne Meade and Sharon S. Meade - Debtors Motor vehicle lien issued by another state is valid as to Missouri residents if the lien is noted on the Certificate of Title, and is in compliance with law of the issuing state.
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