Missouri Lawyers Media Missouri legal news and public notices

Where a debtor challenged a bankruptcy court judgment determining that a claim against him was nondischargeable, the court’s finding that the creditor was the proper party holding the claim against the debtor was not clearly erroneous, so the judgment is ...

Tagged with: Dischargeability of Claim Real Party In Interest

Plaintiff appealed the district court’s grant of summary judgment to defendant. On appeal, plaintiff argued that defendant willfully violated the automatic stay and committed discrimination under 11 U.S.C. §525(a). Where a municipality took no action on an arrest warrant taken ...

Tagged with: Adversary Proceeding discrimination Willful Violation of Automatic Stay

Plaintiff appealed from the district court’s dismissal of her interlocutory appeal from bankruptcy court orders, requesting mandamus relief. Where there was no final judgment entered in the bankruptcy case, the court lacked jurisdiction to hear plaintiff’s case and denied mandamus ...

Tagged with: Appellate Jurisdiction Mandamus Relief

  Where debtor sought discharge under Chapter 7, the bankruptcy court did not abuse its discretion by extending the deadline for the trustee to object to discharge under Rule 4004(b)(2) without an evidentiary hearing, so the order is affirmed. Judgment ...

Tagged with: Denial Of Discharge Extension of Time

  Where a debtor challenged the dismissal of her bankruptcy case, the judgment is affirmed because the debtor failed to file a certificate of completion stating that she had received the required credit counseling, so she did not meet the ...

Tagged with: Bankruptcy Credit Counseling Requirement eligibility Refiling Bar

  Debtors filed for Chapter 13 bankruptcy; their plan proposed that appellant’s secured claim in debtor’s manufactured home would be bifurcated into secured and unsecured parts. The bankruptcy court overruled appellant’s objection, ruling that the anti-modification provision of the bankruptcy ...

Tagged with: Anti-Modification Provision Bankruptcy Bifurcation of Secured Claim Manufactured Home

Where appellant argued that the bankruptcy court erred in granting a debtor’s motion to avoid its judicial lien, the cloud on title created by the appellant’s recording of its judgment fastened an existing but presently unenforceable line on the property, ...

Tagged with: Bankruptcy Enforceability Judicial Lien

Where a debtor challenged the denial of her motion to reconsider an order that indefinitely extended the deadlines for the payment of the last two installments of her filing fee, the judgment is affirmed because the debtor did not identify ...

Tagged with: Bankruptcy Filing Fee Opinions Subhead

Plaintiffs appealed the district court’s order affirming the bankruptcy court’s order holding plaintiffs in contempt for violating a final bankruptcy-discharge injunction. On appeal, plaintiffs argued that an earlier bankruptcy court order and related state court judgments ruling that plaintiffs could ...

Tagged with: Bankruptcy Bankruptcy Discharge Injunction contempt Preclusive Effect

Where a debtor challenged an order granting relief from the automatic stay, the debtor did not obtain a stay pending appeal and the underlying property was sold to a bank at a foreclosure sale, so no effective relief can be ...

Tagged with: Bankruptcy Foreclosure Sale jurisdiction Relief from Stay

Petitioner filed a claim against debtor, which acted as class counsel in petitioner’s securities class action. Debtor’s chosen claims administrator fraudulently asserted claims of more than $5.8 million. After distributions to the class, debtor successfully obtained a cy pres distribution ...

Tagged with: Bankruptcy Class Action Settlement Cy Pres Distribution Disgorgement of Attorneys’ Fees