Missouri Lawyers Media Missouri legal news and public notices
Reagan v. Wetzel (MLW No. 58880/Case No. 08-6023 – 17 pages) (U.S. Bankruptcy Appellate Panel, Kressel, C.J.) (1)Where a debtor’s estate experienced continuing losses and she had unsuccessfully tried to confirm four plans in four years and the bankruptcy court ...
Read More »Bankruptcy: Dischargeability – Piercing The Veil – Deficient Financial Statement
R&R Ready Mix, Inc. v. Freier (MLW No. 58855/Case No. 08-6032 – 14 pages) (U.S. Bankruptcy Appellate Panel, Mahoney, B.J.) Where debtor was found to be personally liable for a state court judgment against his concrete construction corporation in an ...
Tagged with: Bankruptcy Dischargeability Piercing The Veil
Read More »U.S. Bankruptcy Appellate Panel for the 8th Circuit: Bankruptcy
Estate property; real estate commissions 08-6050 In re: Matthew J. Smith, Debtor. Matthew J. Smith, Debtor-Appellant, v. Renee K. Hanrahan, Trustee-Appellee Appeal From: U.S Bankruptcy Court for the Northern District of Iowa Submitted: March 13, 2009 Filed: March 17, 2009 ...
Tagged with: Estate Property
Read More »Bankruptcy: Standing – Adversary Action – Death Of Client
Where an attorney filed an adversary proceeding on behalf of a client who died before the filing, and the attorney did not show that he was appointed as a representative of the client’s probate estate, the attorney lacked standing to ...
Tagged with: Bankruptcy Standing
Read More »Bankruptcy: Real Property – Transfer – Avoidance
Where a debtor transferred real property to his parents for about half of its value claiming that the defendants’ prior services were consideration for the remaining amount, the bankruptcy court found the debtor’s and defendants’ testimony to be not credible ...
Tagged with: Avoidance Bankruptcy Real Property Transfer
Read More »Bankruptcy: Exemptions – Untimely Objection – Bad Faith
Where a trustee in a Chapter 7 case did not timely object to the homestead exemptions claimed by the debtor, the bankruptcy court erred in sustaining his later objections to the exemptions and the court also clearly erred in finding ...
Tagged with: bad faith Bankruptcy Exemptions
Read More »Bankruptcy: Estate Property – Real Estate Commissions
Where a debtor who is a real estate agent earned commissions in connection with two sale contracts entered into pre-petition but that did not close until post-petition, the bankruptcy court did not err in finding that the commissions are property ...
Tagged with: Bankruptcy Estate Property
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