Missouri Lawyers Media Missouri legal news and public notices
Asset Based Resource Group v. U.S. Trustee, et al. (MLW No. 60860/Case No. 09-2860 – 5 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Where a creditor appealed the sale of assets, the appeal is dismissed as moot because ...
Read More »Bankruptcy: Deeds Of Trust – Defective Acknowledgement – Nebraska Law
BowlNebraska v. Omaha State Bank (MLW No. 60814/Case No. 10-6016 – 8 pages) (U.S. Bankruptcy Appellate Panel, 8th Circuit, Federman, J.) Where the bankruptcy court declared that a bank’s deeds of trust on a debtor’s real property were void as ...
Read More »Bankruptcy: Discharge – Intent – Mootness
Bank of Bennington v. Thomas (MLW No. 60784/Case No. 09-6070/6071 – 8 pages) (U.S. Bankruptcy Appellate Panel, Kressel, C.J.) Where a debtor failed to list two tax refunds, a large settlement and another payment received as income and the debtor ...
Read More »Bankruptcy: Settlement Agreement – Approval – Personal Injury Claims
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: Dischargeability – Personal Liability – Corporate Veil
R&R Ready Mix v. Freier (MLW No. 60596/Case No. 09-1916 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Melloy, J.) Where evidence showed that a debtor operated his contracting company as a façade through which he obtained personal benefits, ...
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 »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
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