Missouri Lawyers Media Missouri legal news and public notices
SportStuff, Inc., et al. v. Interstate Fire & Casualty Insurance Company, et al (MLW No. 60730/Case No. 09-6030 – 09-6052 – 18 pages) (U.S. Bankruptcy Appellate Panel, 8th Circuit, Venters, B.J.) Where a bankruptcy court approved settlements between a debtor ...
Read More »Bankruptcy: Non-Dischargeable Debt – Fraud – Justifiable Reliance
Islamov v. Ungar (MLW No. 60671/Case No. 09-6065 – 10 pages) (U.S. Bankruptcy Appellate Panel, Schermer, B.J.) Where a debtor continuously gave a creditor false information about her stock trading activities and the alleged profits she was making on his ...
Read More »Bankruptcy: Priority – Perfection Of Lien – Financing Statement
Hastings State Bank v. Stalnaker, et al. (Case No. 10-6001 – 15 pages) Where a bank’s financing statement added “d/b/a” information as a part of a debtor’s name, the bankruptcy court properly held that the bank’s lien against the debtor’s ...
Read More »Bankruptcy: Consumer Debt – Unsigned Loan Documents – Abusive Filing
Lapke v. Mutual of Omaha Bank (MLW No. 60601/Case No. 10-6008 – 10 pages) (U.S. Bankruptcy Appellate Panel, Schermer, B.J.) Where a debtor argued that two bank home loans were not consumer debt solely because he failed to sign certain ...
Read More »Bankruptcy: Discovery Sanction – Default Judgment – Pro Se Debtor
Harmon Autoglass Intellectual Property v. Leiferman (MLW No. 60563/Case No. 10-6007 – 6 pages) (U.S. Bankruptcy Appellate Panel, Federman, B.J.) Where a Chapter 7 debtor repeatedly refused to answer questions from a creditor about his assets and the bankruptcy court ...
Read More »Bankruptcy: Modified Plan – Required Payments – Plan Base
McCarty v. Jenkins (Case No. 09-6064 – 8 pages) Where a bankruptcy court found that debtor had completed the payments required by his plan but the trustee objected, arguing that each time the debtor modified the amount of his monthly ...
Tagged with: schermer
Read More »Breyer is funniest justice for week 13: Take his wife…please
During Wednesday’s oral arguments in the Supreme Court case Krupski v. Costa Crociere – a civil procedure case asking whether a plaintiff who named the wrong defendant, but should have known the right defendant, can amend the complaint to correct ...
Read More »Bankruptcy: Student Loans – Dischargeability – Undue Hardship
Walker v. Sallie Mae Servicing Corp., et al. (MLW No. 60477/Case No. 09-6022 – 24 pages) (U.S. Bankruptcy Appellate Panel, Federman, B.J.) (1) Where a debtor did not seek a determination that her student loans were dischargeable until three years ...
Tagged with: Dischargeability student loans Undue Hardship
Read More »Bankruptcy: Fraud – Intent – Mortgage Interests
Marcusen v. Glen (MLW No. 60478/Case No. 09-6029 – 11 pages) (U.S. Bankruptcy Appellate Panel, Schermer, B.J.) Where creditors who participated in a residential construction project with debtors argued that their debt should be excepted from discharge on the basis ...
Read More »Bankruptcy: Exemption – IRA Account – Retirement Funds
Doeling v. Nessa (MLW No. 60480/Case No. 10-6009 – 6 pages) (U.S. Bankruptcy Appellate Panel, Schermer, B.J.) Where a Chapter 7 debtor claimed an exemption in an inherited IRA account, the bankruptcy court properly overruled the trustee’s objection to the ...
Tagged with: exemption
Read More »Bankruptcy: Special Counsel – Conflict Of Interest – Transfers
Blumenthal v. Myers (MLW No. 60451/Case No. 10-6002 – 12 pages) (U.S. Bankruptcy Appellate Panel, Venters, B.J.) Where a trustee sought to employ an attorney as special counsel, the attorney’s representation of petitioning creditors created interests adverse to the bankruptcy ...
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