Missouri Lawyers Media Missouri legal news and public notices

Where debtor challenged the dismissal of her request for relief for alleged violations of the automatic-stay and discharge injunction, the debtor failed to state a claim in her 2019 request, and the bankruptcy court properly found that she failed to ...

Tagged with: Automatic Stay Dismissal Violations

Where debtor challenged the dismissal of her request for relief for alleged violations of the automatic-stay and discharge injunction, the debtor failed to state a claim in her 2019 request, and the bankruptcy court properly found that she failed to ...

Tagged with: Automatic Stay Dismissal Violations

Where appellant tried to appeal two bankruptcy orders by filing a single notice of appeal in violation of a local bankruptcy rule, the rule was valid, and the district court erred in striking the notice of appeal without allowing the ...

Tagged with: Notice Of Appeal Opportunity to Cure

Where a debtor challenged a bankruptcy court order that granted the trustee’s motion to approve her proposed sale of assets, the sale authorized by the bankruptcy court could not be undone, so the appeal is moot, and the debtor does ...

Tagged with: mootness Sale of Assets Standing

Where appellants challenged bankruptcy court orders, including the denial of a motion to extend the time to file an appeal, the appellants did not show excusable neglect for their failure to file a timely appeal, and the bankruptcy court did ...

Tagged with: Excusable Neglect Extension of Time Notice Of Appeal

The bankruptcy trustee appealed from the affirmance of the bankruptcy court’s grant of debtor’s amendment to his petition disclosing a possible interest in $30,000 in cash in a home safe and claiming that interest as exempt. Where a bankruptcy court ...

Tagged with: bad faith Claim of Exemption Failure to Disclose Assets

Debtors filed a voluntary reorganization petition under Chapter 11. Despite the objection of non-consenting creditors, the bankruptcy court confirmed debtors’ reorganization plan. The creditors appealed, and the district court dismissed the appeal as equitably moot, alternatively ruling that the plan ...

Tagged with: Approval of Plan Creditors’ Objection Voluntary Reorganization

Plaintiff filed an adversary complaint in debtor’s bankruptcy action, challenging the priority of liens on debtor’s crops and crop-insurance proceeds. A bank that had made loans to debtor moved for summary judgment, asserting the priority of its own lien. The ...

Tagged with: Adversary Proceeding Crop and Insurance Proceeds Priority of Liens

BankripThe bankruptcy court entered summary judgment for the trustee, ruling that a Minnesota state court’s divorce judgment served to convey to debtor whatever interest his ex-wife may have held in real estate, thereby permitting the trustee to avoid a mortgage ...

Tagged with: Adversary Proceeding Avoidance of Merger Effect of Divorce Judgment

Debtor appealed the dismissal of his adversary proceeding and the denial of his post-dismissal motion. The bankruptcy court had dismissed debtor’s proceeding, concluding that it was an improper collateral attack on prior rulings. Where debtor’s adversary proceeding attempted to re-litigate ...

Tagged with: Adversary Proceeding Collateral Attack Dischargeability of Loan Obligation

The bankruptcy trustee filed suit against multiple parties involved in the sale of the bankruptcy estate’s assets. As the bankruptcy court had authorized the procedure for the sale of substantially all of the debtor’s assets, it dismissed the trustee’s claims ...

Tagged with: Challenge to Sale of Estate Assets Collateral Attack Denial of Leave to Amend