| Date |
Name |
Description |
| February 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. |
| Februrary 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. |
| December 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. |
| November 7, 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. |
| October 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. |
| October 9, 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.
|
| September 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.
|
| August 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. |
| August 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. |
| August 3, 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. |
| July 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. |
| June 6, 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. |
| May 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 |
| May 1, 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.
|
| April 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. |
| February 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. |
| December 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. |
| December 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. |
| December 5, 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. |
| December 5, 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. |
| October 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. |
| August 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. |
| August 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). |
| July 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. |
| July 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. |
| June 5, 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. |
| May 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. |
| May 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). |
| May 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. |
| March 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) |
| December 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).
|
| December 1, 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. |
| November 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.
|
| September 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. |
| June 27, 2005 |
04-46609 In re Law |
Refundable portion of federal Child Tax Credit considered property of the bankruptcy estate. |
| April 1, 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). |
| March 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 |
| December 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. |
| December 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. |
| November 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. |
| September 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. |
| August 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.
|
| August 5, 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. |
| May 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.
|
| April 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.
|
| 4/07/2004 |
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.
|
| 3/24/ 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.
|
| 2/13/2004 |
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.
|
| 1/16/2004 |
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.
|
| 1/15/2004 |
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. |
| 1/6/2004 |
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). |
