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Opinions—Judge Jerry W. Venters

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.

01/12/2011 U.S. Bank. v. SMF Energy Corp., Case No. 09-4177 Transferee of preferential transfer not entitled to ordinary course of business defense where creditor failed to provide objective evidence of ordinary course in debtor’s or creditor’s industry and creditor failed to establish pre-preference period ordinary course of business with sufficient specificity.
01/05/2011 Rouse v American General Financial Services, Inc., Case No. 10-3018 Where indebtedness did not arise from a future advance, creditor’s lien against Debtors’ residence was limited to amount stated on face of deed of trust.
09/23/2010 Interstate Bakeries Corp. v Deckard, Case No. 09-4138 Plaintiff entitled to declaratory judgment that it owes no compensatory or civil penalties (under 29 U.S.C. § 1132(c)(1) ). Although plaintiff failed to give defendant necessary “COBRA” notices upon hiring and termination, plaintiff provided defendant insurance coverage free of charge until his Medicare eligibility date. Fine was also not warranted for short lapse of coverage caused by temporary cancellation of coverage where cancellation was unintentional, promptly remedied, and caused no harm to defendant.
09/07/2010 US Trustee v. Lombard, Case No. 10-3008 Discharge denied under 11 U.S.C. 727(d)(2) where Debtor concealed assets, including a car, a Harley Davidson motorcycle, jewelry, saleable clothing, and an extensive beanie baby collection.
08/16/2010 North American Specialty Insurance Co. v. Fortress Financial, LLC, et al., Case No. 09-4121 Summary judgment was warranted in favor of third-party defendant on third-party plaintiff’s complaint for contribution, where third-party defendant had previously settled with plaintiff. Mo. Rev. Stat. 537.060 shields settling party from contribution claims where settlement was entered in good faith.
07/20/2010 Terry v. Standard Insurance Co., Case No. 09-3031 Disability insurance company could not “recoup” insurance overpayments against future benefits due Debtor where Debtor repaid overpayments prepetition but Trustee avoided payment as a preferential transfer. Claim arising under 11 U.S.C. 502(h) from avoidance of preferential transfer is limited to claim against bankruptcy estate; claim cannot be asserted against Debtor.
07/08/2010 Rouse v. University National Bank, Case No. 10-3006 When debtor traded in vehicle, creditor intended simple “substitution of collateral,” but creditor failed to file notice of lien on new vehicle within 30 days. Consequently, a preferential transfer occurred when creditor filed notice of lien within 90 days of the petition date but after 30-day grace period had lapsed.
06/04/2010 Lewis Brothers Bakeries, Inc. v. Interstate Brands Co., Case No. 08-4239 Defendant-licensor entitled to declaratory judgment that perpetual licensing agreement with plaintiff-licensee was executor contract for purposes of 11 U.S.C. 365(d) even though license was perpetual and part of a fully executed asset purchase agreement.
04/20/2010 State Auto Property and Casualty v. Bruce Strauss, Trustee, Case No. 09-5011 Plaintiff entitled to declaratory judgment that it owed no liability to debtor under insurance policy where debtor’s principal failed to cooperate with insurer’s investigation of debtor’s fire-loss claim.
03/10/2010 09-3056 Brown v. Empire Bank, Case No. 09-3056 Transferee of preferential transfer not entitled to contemporaneous exchange for new value defense where creditor failed to provide sufficient evidence of new value conferred to debtor. Creditor claimed that creditor provided debtor more favorable terms on obligation in exchange for an additional lien the Debtor’s property, but failed to establish what those terms were and how they benefitted the debtor.
02/01/2010 In re Green, Case No. 09-44481 Social Security benefits may be considered in determining whether a debtor’s Chapter 13 plan has been proposed in bad faith under 11 U.S.C. 1325(a)(3), but the debtor’s failure to devote all or part of that income to the plan, standing alone, is insufficient to establish bad faith.
12/22/2009 In re Garst, Case No. 09-30655 Debtor could claim exemption pursuant to Mo. Rev. Stat. § 525.030(2) in wages deposited into a bank account as long as Debtor could trace funds to wages.
12/03/2009 UST v. Brock (In re Brock) 09-3028 Debtor's admission that he opened up a bank account for another debtor to assist that debtor's attempt to frustrate the I.R.S.'s collection efforts supported summary judgment in favor of UST on her complaint to deny the Debtor's discharge under section 727(a)(7).
11/24/209 Grindle v. Walters (In re Walters) 09-3005 State court judgment against Debtor provided all of the findings necessary to support summary judgment in favor of the plaintiff on his complaint to except debt from discharge under section 523(a)(2)(B).
11/06/2009 Interstate Bakeries Corp. v. City of Kansas City (In re IBC, Corp.) 09-4134 Obligation owed to City of Kansas City under "Cooperative Agreement" between the Debtor and the City did not constitute a lien against the Debtor's property where amounts due under the agreement were not "Payments in Lieu of Taxes."
10/14/2009 Rouse v. Wells Fargo, N.A. (In re Suhrheinrich) 08-3048 Deed of Trust held by Wells Fargo on property owned as tenants by the entireties by Debtors Mr. and Mrs. Suhrheinrich was valid, notwithstanding its mistaken definition of grantor as Mr. Suhrheinrich only, where deed of trust unambiguously indicated in other parts of the document that Mrs. Suhrheinrich was a grantor, and Mrs. Suhrheinrich testified that she did, in fact, intend to grant Wells Fargo a deed of trust on the property.
10/07/02009 Strauss v Isaacks (In re Supinger) 08-4238 Debtors did not receive reasonably equivalent value for transfer of real property to the defendants slightly less than four years prior to the petition date where expert testimony established that the property was worth more than the Debtors received. Evidence that the property had deteriorated, and thus declined in value, in the interim was insufficient to establish value of property at the time of transfer.
09/24/2009 Arrow Speed Warehouse, Inc., v. O'Reilly Automotive, Inc. (In re Arrow Speed Warehouse, Inc.) 09-4030 Uncontroverted evidence supported partial summary judgment on Debtor-Plaintiff's complaint to recover trade debt where Defendant admitted amounts due Debtor and counterclaim for breach of contract was without merit.
09/02/2009 In re Boatright 08-30442 UST's motion to dismiss for abuse under sections 707(b)(2) and (3) denied. In performing “means test” calculation, debtor-wife had to include earnings of her non-debtor-spouse on income side of equation only to extent that he contributed such earnings on regular basis for payment of household expenses, and spouses' incomes would not be pooled, for purposes of conducting a “totality of the circumstances” analysis; court would consider only those amounts that husband regularly contributed for household expenses of debtor and her dependents.
08/10/2009 In re Thompson 09-30112 Debtor living in Kansas (but filing in Missouri) was not entitled to claim Kansas homestead exemption where she did not meet residency requirements, and Court could not make equitable exception where Debtor filed bankruptcy based on erroneous advise of attorney.
07/06/2009 In re Johnson 08-43851 The term “unsecured creditors” used in section 1325(b)(1) of the Bankruptcy Code refers only to general unsecured creditors, and not to unsecured creditors holding priority claims. Therefore, the Debtor's Chapter 13 plan which provided for his disposable income to be shared between priority and non-priority unsecured creditors could not be confirmed.
06/12/2009 In re Shepard 08-3036 Failure of Debtor to serve ex-spouse with his objection to her claim for past-due support was fatal to Debtor's objection; service of objection on state agency entrusted with the collection of her claim was insufficient.
06/02/2009 In re Willis 08-41820 Section 707(b) "means test" applies to cases converted from Chapter 13 to Chapter 7. Consequently, the motion to dismiss was granted because Debtor failed to rebut presumption of abuse which arose from means test's application.
03/24/2009 In re Brown 07-43738 Debtor was not entitled to hardship discharge under section 1328(b) because cause of hardship (husband's death by gunshot) was not due to circumstances out of Debtor's control.
12/23/2008 In re Scully v. Danzig (Preference), Case No. 08-4013 Guarantor of debtor's obligation to bank could not escape liability for a preferential payment made on the loan where guarantor had not unconditionally waived claims against the debtor.
12/09/2008 In re Scully v. Danzig (Jurisdiction), Case No. 08-4013 Court does not have "supplemental jurisdiction" over claims outside of bankruptcy court's "related to" jurisdiction.
11/12/2008 In re ZSapiler v. Rhodes, Case No. 08-4008 Collateral estoppel effect given to arbitration award entered by default after debtor voluntarily chose not to participate in arbitral proceedings.
09/11/2008 In re Montry, Case No. 08-30413 Debtors' Chapter 13 Plan proposed for the sole purpose of paying bankruptcy attorney's fees over time was not proposed in good faith, and was therefore unconfirmable under 11 U.S.C. 1325(a)(3).
07/23/2008 Fee v. Eccles (In re Eccles), Case No. 08-3002 Debt was nondischargeable under 11 U.S.C. 523(a)(2)(A) where creditors loaned Debtors money on the representation that Debtors would use the money to improve properties on which the creditors held deeds of trust, but Debtors intended all along to use the money for different purposes.
07/14/2008 Sears v Educap, Inc. (In re Sears), Case No. 07-3045 Interpreting 11 U.S.C. 523(a)(8)(B), Court determined that loan was "made under a program funded in whole or in part by a...nonprofit institution," and therefore subject to the dischargeability provisions of 11 U.S.C. 523(a)(8), where Educap, a nonprofit institution: 1) funded and managed the program under which the loan to the Debtor was made; and 2) was obligated to repurchase loans from the for-profit lender that originated the loan.
06/17/2008 Rouse v. Beneficial Mortgage Co. of Missouri, et al. (In re: Carruth), Case No. 08-3008 Unrecorded mortgage that contained proper common address but incorrect legal description was valid; therefore, recordation of that mortgage during the preference period did not constitute an avoidable preferential transfer under 11 U.S.C. 547(b).
06/02/2008 Rouse v. Wilshire Credit Corp., et al. (In re: Philliber), Case No. 07-3041 Creditor's lien on manufactured home was unperfected, and therefore avoidable by the Trustee under 11 U.S.C. 544, where creditor's application for Missouri Title was rejected by the Missouri Department of Revenue and creditor never resubmitted proper application.
05/12/2008 Scully v. State of Arkansas Department of Finance & Administration (In re: Valley Food Services, LLC), Case No. 07-4046 On summary judgment, Court determined that payments made by Debtor during preference period for past due taxes were avoidable as preferences under 11 U.S.C. 547(b) where Debtor was primarily responsible for taxes under Arkansas law. However, a material issue of fact remained as to whether payments made by Debtor for taxes collected by Debtor from its customers constituted transfers of property in which the Debtor had an interest.
02/26/2008 In re: Rouse v. Washington Mutual Bank, F.A. (In re: Clark), Case No. 07-3032 Under Missouri law a married woman, residing separately from her husband, has the right and ability to grant a valid deed of trust to a creditor on her separate property without the joinder or express consent of her husband.
02/14/2008 In re: Dawson, Case No. 06-30322; Adversary Case No. 07-3027 Creditor's purported lien on vehicle purchased in Arkansas but located in Missouri as of the petition date was unperfected because, under Mo. Rev. Stat. 301.600(a)(2)(B), three-month grace period for vehicles perfected outside of Missouri did not apply where evidence showed that the parties understood that vehicle was to remain in Missouri.
12/20/2007 In re: Burden, Case No. 07-50366 Debtors could not claim "means test" deductions for payments on debts secured by two pieces of property they intend to surrender. In the absence of these deductions, the Debtors have sufficient disposable income to trigger the presumption of abuse under section 707(b)(2) of the Bankruptcy Code.
11/07/2007 In re: Future Trust, Inc., Case No. 85-03386 Court denied request for disbursement of funds on deposit with registry of court where movant failed to establish its entitlement to funds under section 347 of the Bankruptcy Code.
10/17/2007 Norman E. Rouse, Trustee, v. Community National Bank (In re: Martinous) Case No. 07-3019 Creditor could not insulate judicial lien from avoidance as a preference by claiming that it already had an equitable lien on certain property because no equitable lien arose when creditor failed to record its mortgage on the land after paying off a prior mortgage.
10/09/2007 Havens Steel Co. v. Driscoll/Hunt (In re: Havens Steel): Adversary No. 07-4067
Portion of creditor's claim attributable to invalid "pass-through" claims disallowed.
09/12/2007 Robert Joe Poindexter, Debtor, Robert Joe Poindexter, Plaintiff v. Southwest Missouri Bank, Defendant. Adversary No. 07-3014 Creditor violated the discharge injunction of section 524 when it took steps to collect a discharged debt beyond the mere "receipt" of voluntary payments. Creditor's knowing and willful violation of discharge injunction warranted award of actual and punitive damages.
08/17/2007 Laquita Joy Rollins. Case No. 07-50276 Debtor engaged in credit counseling profession could not claim "tool of trade" exemption in certificate of deposit required by state for Debtor to receive immediate payment for services rendered to clients.
08/15/2007 Francisco Armando Sherman, Debtor, Francisco Armando Sherman, Plaintiff v. Mohela, et al., Defendants. Adversary No. 05-4166 Student loans imposed undue hardship and were therefore dischargeable under section 523(a)(8) where Debtor suffered a severe brain injury which left him unable to earn a salary sufficient to repay the loans. Decision based in part on lenders' failure to offer any affirmative evidence that Debtor could obtain more lucrative employment.
08/03/2007 Michael Elmer Boatright, Debtor, Delores Irene Boatright, Personal Representative of the Estate of Robert Charles Boatright, Deceased, Plaintiff v. Michael Elmer Boatright, Defendant. Adversary No. 07-3008 State court finding that Debtor committed the "willful and wanton conversion" of probate estate assets satisfied "willful and malicious injury" requirement in section 523(a)(6), thereby rendering nondischargeable the debt arising from that conversion.
07/17/2007 Farmland Industries, Inc. et al., Debtors. GAF Holdings, LLC., Plaintiff, v. Phillip L. Rinaldi, et al., Defendants. Adversary No. 07-4026 Ostensibly state law based action for tortious interference with business expectancy brought by disgruntled bidder on estate assets constituted invalid collateral attack on sale order approving sale to winning bidder.
06/06/2007 Tou Houa Thao and Thor Mee Yang, Debtors. Case No. 06-30019 Payments debtor received from turkey processor for the production of turkeys were not wages. Consequently, Debtors' pre-petition assignment of those payments was not an illegal assignment of future wages, and Debtors had to turn over to assignee flock checks earned pre-petition but received post-petition.
05/18/2007 In re: David Allen Freis and Sara Delaine Freis, Debtors. Case No. 06-30393 Totality of the circumstances warranted the dismissal of debtors' chapter 7 bankruptcy case under section 707(b)(3) where above-median income debtors had the ability to pay over $20,000 to unsecured creditors over course of hypothetical five-year chapter 13 plan. At the time of the hearing, the debtors were paying $481 a month toward a 401(k) loan, but the loan was scheduled to be paid in full within 11 months
05/01/2007 Alan Wayne Woods and Dawn Michelle Woods, Debtors. Case No. 05-32207 Court denied Debtors' request to declare bankruptcy case null and void where Debtor paid off creditors shortly after filing bankruptcy.
04/27/2007 Carey Lynn Clement, Debtor. Bruce E. Strauss, Chapter 7 Trustee, Plaintiff, v. Ameriquest Mortgage Co., Defendant. Adversary No. 06-4200 Trustee could not avoid deed of trust containing an erroneous legal description where deed of trust contained correct common address and mortgagee recorded an affidavit correcting erroneous legal description, notwithstanding fact that affidavit was misfiled by recorder of deeds.
02/22/2007 06-04002-jwv Strauss v. Hollis (In re: Matlock) Debtors' transfers of money to relative within one year of the petition date were avoidable as preferences where the transfers satisfied elements of 11 U.S.C. § 547(b). Section 547(c)(1) exception for contemporaneous exchanges for new value was not applicable where Debtors showed that transfer was contemporaneous (on the same day as the loan) but failed to provide evidence of new value received. Also, earmarking doctrine was not applicable where Debtors paid transferee with proceeds of a secured loan, even though Debtors' obligation to transferee arose from loan used to pay off a prior loan secured by the same collateral.
12/21/2006 06-03015 Avant v. Sallie Mae Servicing et al (In re: Avant) Student loan discharged where Debtor lacked present and apparent future ability to pay loans, mostly as a result of the Debtor's ill health and her inability to find a higher paying job that also provided health insurance, although evidence showed that Debtor is qualified for higher paying jobs. The Court rejected the Department of Education's arguments that she could forego health insurance to obtain a higher paying job.
12/14/2006 06-03032-jwv Vang et al v. Freedom Bank of Southern Missouri et al (In re: Vang) Court abstains from hearing "lender liability" claim where claim against the lender for damages did not constitute an objection to the lender's claim or a challenge of its lien; Debtors had stipulated to the amount of the lender's claim and the validity its lien in an earlier proceeding.
12/05/2006 06-03021-jwv Rouse v. Primary Residential Mortgage et al (In re: Garringer) Under § 544, Trustee was entitled to avoid deed of trust executed prepetition but recorded postpetition. Court held that earmarking doctrine does not apply to postpetition transfers.
12/05/2006 06-5015 Loyd v. Citizens Bank and Trust, et al (In re: Calaway)
Constructive trust imposed on Debtor's bank account where Defendants established existence of trust relationship with the Debtor and traced funds deposited into Debtor's account. Although the total claims against the account were less than the balance in the account, the Court apportioned the shortfall among the Defendants.
10/19/2006 06-30019 In re Thao and Yang Chapter 12 Debtors' request for continuation of confirmation hearing denied where Debtors failed to meet high burden to show that cause existed for continuation.
08/18/2006 06-03020 Rouse v. Joplin Area Habitat For Humanity Inc. et al Under § 544, Trustee was entitled to avoid deed of trust executed prepetition but recorded postpetition. Debtors argument that Debtors' only had equitable interest in real estate as of petition date because deed was not recorded was without merit; unrecorded deed is valid between the parties and effects a transfer of title. It is only ineffective against third parties, including the trustee.
08/17/2006 06-3014 Williams, et al. v. Adams (In re: Adams) Under doctrine of collateral estoppel, state court judgment's bare finding that defendant's conduct was "willful, wanton, and malicious" under Missouri law does not prevent defendant from re- litigating issue of whether the injury arising from that conduct was "willful and malicious" for purposes of defending action to determine the dischargeability of debt under 11 U.S.C. section 523(a)(6).
07/13/2006 In re: David Robert Sanchez and Lori Anne Sanchez, Case No. 06-40886 Under BAPCPA, disbursements from Debtor's (Debtors') 401(k) plan made within 6 months prior to bankruptcy filing constitutes "current monthly income" for purposes of determining Debtor's (Debtors') applicable commitment period in chapter 13.
07/13/2006 In re: Tenny Shikaro Zahn, Case No. 06-40865 Under BAPCPA, disbursements from Debtor's (Debtors') 401(k) plan made within 6 months prior to bankruptcy filing constitutes "current monthly income" for purposes of determining Debtor's (Debtors') applicable commitment period in chapter 13.
06/05/2006 In re: Clarence Rogers Newby and Cathy Chrstine Newby, Case No. 04-31294 Mortgagee's interest in insurance proceeds arising from pre-foreclosure fire of property was limited to underlying mortgage debt, and that interest was reduced by amount mortgagee bid at foreclosure sale. Court limits relief on mortgagee's motion for turnover of insurance proceeds accordingly.
05/26/2006 In re: Bobbie Joe Garrett Missouri debtor's claim of exemption of real property located in Kansas pursuant to Mo. Rev. Stat. § 513.427 is denied. Recent decision of Eighth Circuit Bankruptcy Appellate Panel in In re Benn, 2006 WL 870750, does not alter the law on this point.
05/25/2006 In re: Schanuth Under BAPCPA, the "applicable commitment period" defined in 11 U.S.C. (section symbol) 1325(b)(4) is a temporal concept requiring that chapter 13 plans must run the entire duration of the "applicable commitment period" unless unsecured creditors can be paid in full in a shorter period. Therefore, Debtors' 22-month plan is unconfirmable. Also, under BAPCPA, Court cannot require debtor to include social security income in calculation of projected disposable income under 11 U.S.C. (section symbol) 1325(b)(2).
05/15/2006 Robert M. Renicker and Shirley A. Renicker Under BAPCPA, Debtors disposable income must be based on projected expenses, not historical expenses. Debtors failed to offer evidence in support of their claim for extraordinary expenses.
03/13/2006 Daniel P. Swartz and Carrie A. Swartz, Case No. 05-70667 Daniel P. Swartz v. Shawnetta Swartz, Adversary No. 05-4156
Court rejected debtor s attempt to re-characterize debt labeled as maintenance in divorce decree as property settlement. Debt would excepted from discharge under 11 U.S.C. Section 523(a)(5). But Court discharged debtor's obligation to assume and hold ex-spouse harmless from other debts because debtor lacked the ability to pay. 11 U.S.C. Section 523(a)(15)
12/20/2005 In re: Deborah Alice Neal Case No. 05-43393
Releasing names of attorney-creditors would be scandalous; therefore, those names should remain under seal pursuant to 11 U.S.C. Section 107(b)(2).
12/01/2005 02-50557 In re: Farmland Compliance with state law procedures for contesting tax liability is jurisdictional requirement for seeking determination of tax liability by bankruptcy court under 11 U.S.C. Section 505.
11/16/2005 Farmland Industries, Inc., Case No. 02-50557 J. P. Morgan Trust Company National Association v. Harold Dean Cleberg, et al., Adversary No. 05-4020
Liquidating Trustee failed to assert sufficient facts to support claims of breaches of fiduciary duty of care against corporate officers and directors.
09/14/2005 05-4048 Thomson, et al. v. Glenn (In re Glenn) Debtor's failure to disclose bonus income on Schedule I grounds for denial of discharge.
06/27/2005 04-46609 In re: Law Refundable portion of federal Child Tax Credit considered property of the bankruptcy estate.
04/01/2005 In re: George L. Young
U.S. Bank National Association v. George L. Young
Alan Messinger, et al., v. George L. Young
Grauf Cattle Farms, Inc., Jerry T. Grauf and Mary Grauf v. George L. Young
Jimmy Hammond and Dorothy Hammond v. George L. Young
United Producers, Inc. v. George L. Young
Debtor denied discharge of criminal restitution debts. Court held Debtor could and, in fact, did waive requirement in Section 303(a) that a farmer cannot be an involuntary
bankrupt (in contrast to jurisdictional requirements which cannot be waived).
03/28/2005 In re: Neysa Michelle Austin
Bruce Strauss, Trustee v. Neysa Michelle Austin
Debtor denied discharge for failure to maintain adequate business records, 11 U.S.C. Sections 727(a)(3) and (5
12/14/2004 In re: Sheila Elaine Baylis v. Money Market Financial Services, Inc. Post-Petition presentment of debtor's checks was not violation of stay, but 45-day delay in returning money to debtor warranted sanction of attorneys' fees.
12/14/2004 In re: Farmland Industries, Inc. Claim for indemnification filed after bar date deemed untimely where claimant had knowledge of potential claim prior to bar date and claimant could not establish excusable neglect.
11/17/2004 In re: Havens Steel Company Havens Steel Company v. Commerce Bank, N.A., et al. Under UCC Section 9-320, a buyer in ordinary course takes goods free and clear of lender's lien. Purchaser attained buyer in ordinary course status when goods were identified to contract.
08/10/2004 In re: Lesli Ann Keith Creditor's judgment lien was perfected pre-petition by garnishment on check and bank account. Creditor is granted replacement lien in real estate.
08/17/2004 In re: J & M Development of Cass County, Inc.
Chapter 11 Debtor's motion to vacate order granting bank's motion for relief from stay to foreclose on real property is denied.
08/05/2004 In re: Edgar Eugene Karl and Marion Patricia Karl
The Court surcharges the Debtors' exemptions based on the Debtors' failure to turn over property to the trustee.
05/19/2004 In re: J & M Development of Cass County, Inc.
Chapter 11 debtor's application to employ attorney is denied based on the attorney's representation of clients whose interests are materially adverse to, and competitive with, the interests of the bankruptcy estate.
04/28/2004 In re: Frank Oscar Jackson (Deceased) and Cora Mae Jackson Frank Oscar Jackson (Deceased) and Cora Mae Jackson v. Dan Holiday Furniture, LLC
Creditor sanctioned for violating automatic stay for contacting Debtors and threatening to repossess furniture post-petition.
04/07/2004 Raymond D. Booth
Vehicles acquired before and after marriage and titled in husband's name only are not tenancies by the entireties property, and husband must include the non-exempt equity in his Chapter 13 Plan.
03/24/ 2004 Farmland Industries, Inc. et al.
Court gives effect to pre-petition arbitration agreement and lifts the automatic stay to allow the arbitration of claims to proceed.
3/10/ 2004 In re: David A. Eads
In re: Tina L. Eads
Trustee's attorney's fees are an allowed administrative expense claim but cannot be paid
out of debtors' exempt funds.
02/13/2004 In re: W. Ferrel McGinnis
In re: Susan J. McGinnis

Debtors were residents of Kansas and equitable owners of their homestead and properly claimed an exemption therein. Exemption is not subject to avoidance because of Debtors' alleged fraudulent actions.
01/16/2004 Farmland Industries, Inc., et al
Creditor will be allowed to amend proof of claim after the bar date to state a claim in quantum meruit, even though original claim was based on an alleged written contract.
01/15/2004 Brian D. McLaughlin and
Angela M. McLaughlin
Chapter 7 Debtors who purchased two new automobiles on eve of bankruptcy,
who had relatively little dischargeable unsecured debt, and whose expense
schedule the Court found overinflated, had sufficient income to fund a Chapter 13 plan with some "belt-tightening," and case will be dismissed for substantial
abuse of the Bankruptcy Code.
01/06/2004 Tommy R. Smith and Darlene K. Smith Chapter 13 Trustee's failure to object to debtors' exemption of contingent and unliquidated claim within 30 days bars later objection, and failure to object to total exemption of such claims prior to confirmation of plan bars post-confirmation objection on basis of Section 1325(b) (disposable income).
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