Missouri Lawyers Media Missouri legal news and public notices
Wallace v. Marble (MLW No. 60454/Case No. 09-6079 – 6 pages) (U.S. Bankruptcy Appellate Panel, Kressel, C.J.) Where a debtor and his ex-wife were sued for breach of an indemnity agreement, and the debt under the indemnity agreement had been ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Tagged with: Exigent Circumstances
Read More »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 ...
Tagged with: Chapter 7
Read More »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 ...
Read More »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 ...
Read More »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 ...
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