Bankruptcy: Waiver Of Discharge - Approval - Creditor’s Interests 
Asbury v. Alliant Bank, et al. (MLW No. 60181/Case No. 09-6026 - 7 pages)
Where a Chapter 7 sought a waiver of discharge after deciding that he did not have the resources to litigate the multiple adversary proceedings involved, the bankruptcy court properly considered the interests of the creditors as well as evidence that the debtor [...]
Bankruptcy: Fraud - Justifiable Reliance - Innocent Spouse
Treadwell v. Glenstone Lodge, Inc. (MLW No. 60158/Case No. 09-6023 - 16 pages) (U.S. Bankruptcy Appellate Panel, Kressel, C.J.)
Bankruptcy: Fraud - Justifiable Reliance - Innocent Spouse
Where a hotel appealed a bankruptcy court’s order discharging a debt incurred by a Chapter 7 debtor who failed to pay a $60,000 bill after hosting a “Red Hat” event [...]
Bankruptcy: Adversary Proceeding - Permissive Abstention - Forum Shopping
Stabler v. Beyers (MLW No. 59911/Case No. 09-6024 - 11 pages) (U.S. Bankruptcy Appellate Panel, Venters, B.J.)
Where a bankruptcy court dismissed an adversary proceeding brought by debtors who claimed a creditor’s collection attempts violated a discharge injunction, the court’s decision to abstain is affirmed based on the court’s application of collateral estoppel and permissive abstention, [...]
Bankruptcy: Denial Of Final Decree - Standard Of Review - ‘Fully Administered’ Estate
Shotkoski v. Fokkena (MLW No. 59879/Case No. 09-6063 - 8 pages) (U.S. Bankruptcy Appellate Panel, Saladino, B.J.)
Where Chapter 11 debtors appealed the denial of their motion for final decree, an abuse-of-discretion standard is used to review the bankruptcy court’s denial order, so the decision as to whether an estate is “fully administered” is within the [...]
Bankruptcy: Case Closing - Standing - Request For Counsel
Powers v. Odyssey Capital Group, LLC (MLW No. 59873/Case No. 08-6038 - 12 pages) (U.S. Bankruptcy Appellate Panel, Schermer, B.J.)
Where a creditor objected to the closing of a Chapter 11 debtor’s case, the creditor’s claim was disallowed and her appeal of the disallowance was dismissed by the district court and affirmed by the Eighth Circuit, [...]
Bankruptcy: Credit Counseling - Requirement - Waiver - Exigent Circumstances
Duncan v. LaBarge (MLW No. 59832/Case No. 09-6027 - 6 pages) (U.S. Bankruptcy Appellate Panel, Kressel, C.J.)
Where Chapter 13 debtors did not receive credit counseling before filing their petition and did not obtain a waiver, dismissal of their case was appropriate since the debtors did not establish exigent circumstances.
Judgment is affirmed.
Duncan v. LaBarge (MLW No. [...]
Debtor did not fulfill duty to list creditor
A debtor who did not list her former stepson as a creditor in her Chapter 7 bankruptcy case should not have been granted a discharge of the stepson’s claim, which arose from child abuse.
The U.S. Bankruptcy Appellate Panel explained that the issue in the case (Mitchell v. Bigelow) was not about notice, but compliance with [...]
Bankruptcy : Exception To Discharge - Willful Injury - Duty To List
Mitchell v. Bigelow (MLW No. 59763/Case No. 09-6017 - 11 pages) (U.S. Bankruptcy Appellate Panel, Kressel, C.J.)
Where a Chapter 7 debtor failed to fully list her former husband and neglected to list her stepson as creditors after she injured her stepson in what was determined to be child abuse and the stepson claimed the debt [...]
Bankruptcy: Settlement Agreement - Claim Preclusion
Running v. Grimlie (MLW No. 59514/Case No. 09-6018 - 7 pages) (U.S. Bankruptcy Panel, 8th Circuit, Saladino, J.)
Where a county rejected a property deed executed by a trustee, the debtor and debtor’s family as part of a modified settlement to an adversary proceeding on the grounds that it failed to comply with zoning requirements, the [...]
Bankruptcy: Sale Of Assets - Qualified Bidder - Missouri Law
GAF Holdings LLC v. Rinaldi, et al. (MLW No. 59434/Case No. 07-6046 - 20 pages) (U.S. Bankruptcy Appellate Panel, Kressel, C.J.)
Where the bankruptcy court denied a motion to set aside a sale of assets filed by a plaintiff that had hoped to purchase a refinery from a Chapter 11 debtor and the plaintiff then sought [...]