Missouri Lawyers Media Missouri legal news and public notices

These opinions were released by the U.S. Bankruptcy Appellate Panel.

  Where a debtor challenged the dismissal of her bankruptcy case, the judgment is affirmed because the debtor failed to file a certificate of completion stating that she had received the required credit counseling, so she did not meet the ...

Tagged with: Bankruptcy Credit Counseling Requirement eligibility Refiling Bar

Where debtors challenged the denial of their motion for a determination of whether a confirmation order barred a state court action relating to an underlying contract, the bankruptcy court did not reach the merits of the request for declaratory judgment ...

Tagged with: Bankruptcy Discharge Finality Of Order

The bankruptcy court allowed Lariat’s claim against debtor and rejected debtor’s argument the claim had been paid in full by debtor’s spouse. Where Lariat’s claim against the debtor flowed from a guaranty judgment it previously obtained, which was extinguished by ...

Tagged with: Bankruptcy Judgment Proof Of Claim

Where a debtor challenged the denial of her motion seeking a discharge of student-loan debt, the bankruptcy court did not err in categorizing the debtor’s loan as an educational loan, but the court’s inference in favor of the bank that ...

Tagged with: Bankruptcy Funding Of Program student loans ‘Educational Loan’

Debtors filed a Chapter 7 petition; among their debts, debtors confessed judgment of approximately $400,000 in favor of a jeweler from whom debtors took possession of watches, earrings and ring collections. Although debtors returned multiple watches and a ring collection, ...

Tagged with: Bankruptcy Chapter 7 Denial Of Discharge Failure to Keep Records

Where appellant investors challenged an order dismissing their adversary complaint in a Chapter 7 case, the judgment is affirmed because the bankruptcy court did not err in finding that no debt to the investors resulted from a consent order issued ...

Tagged with: Bankruptcy Causation Consent Order Investment Loss

Kemp v. U.S. Department of Education (MLW No. 72043/Case No. 17-6032 – 11 pages) (U.S. Bankruptcy Appellate Panel, 8th Circuit, Saladino, J.)

Tagged with: Bankruptcy Denial Of Discharge Student Loan

Fulmer v. Fifth Third Equipment Finance Company (MLW No. 71492/Case No. 17-6017 – 17 pages) (U.S. Bankruptcy Appellate Panel, Saladino, J.)

Tagged with: Bankruptcy Collateral Attack Final Sale Order Trustee Claims

Piccinino v. U.S. Department of Education (MLW No. 71242/Case No. 17-6022 – 9 pages) (U.S. Bankruptcy Appellate Panel, 8th Circuit, Shodeen, J.)

Tagged with: Bankruptcy Student Loan Discharge Undue Hardship

Zahn Law Firm v. Baker (MLW No. 71178/Case No. 17-6015 – 8 pages) (U.S. Bankruptcy Appellate Panel, Nail, J.)

Tagged with: Adversary Action Bankruptcy remand