Missouri Lawyers Media Missouri legal news and public notices

Where debtors challenged the denial of their motion for a determination of whether a confirmation order barred a state court action relating to an underlying contract, the bankruptcy court did not reach the merits of the request for declaratory judgment ...

Tagged with: Bankruptcy Discharge Finality Of Order

The bankruptcy court allowed Lariat’s claim against debtor and rejected debtor’s argument the claim had been paid in full by debtor’s spouse. Where Lariat’s claim against the debtor flowed from a guaranty judgment it previously obtained, which was extinguished by ...

Tagged with: Bankruptcy Judgment Proof Of Claim

Where a debtor challenged the denial of her motion seeking a discharge of student-loan debt, the bankruptcy court did not err in categorizing the debtor’s loan as an educational loan, but the court’s inference in favor of the bank that ...

Tagged with: Bankruptcy Funding Of Program student loans ‘Educational Loan’

Following the collapse of a Ponzi scheme that purchased stock in debtors, the bankruptcy trustee filed an adversarial suit against defendants to avoid as fraudulent transfers loan payments made to defendants by entities in the Ponzi scheme. The bankruptcy court ...

Tagged with: Adversarial Proceeding Avoidance of Fraudulent Transfers Bankruptcy Ponzi scheme

Debtors filed a Chapter 7 petition; among their debts, debtors confessed judgment of approximately $400,000 in favor of a jeweler from whom debtors took possession of watches, earrings and ring collections. Although debtors returned multiple watches and a ring collection, ...

Tagged with: Bankruptcy Chapter 7 Denial Of Discharge Failure to Keep Records

Where appellant investors challenged an order dismissing their adversary complaint in a Chapter 7 case, the judgment is affirmed because the bankruptcy court did not err in finding that no debt to the investors resulted from a consent order issued ...

Tagged with: Bankruptcy Causation Consent Order Investment Loss

Where debtors’ failure to maintain adequate records to allow the bankruptcy court to determine the value of the transactions between debtors and creditor jeweler, bankruptcy court was justified in denying charge. Judgment is affirmed. In re: Dykes (MLW No. 72253/Case ...

Tagged with: Bankruptcy Chapter 7 Denial Of Discharge Failure to Keep Records

In his divorce proceeding, debtor was awarded one-half the value of his ex-wife’s retirement accounts. Debtor took no action to obtain title or possession to the accounts. However, debtor claimed an exemption for the accounts as retirement funds; the bankruptcy ...

Tagged with: Bankruptcy Claimed Exceptions Interests in Former Spouse's Accounts Retirement Funds

Where debtor’s interest in retirement accounts merely resulted from a property settlement, funds in the accounts were not retirement funds exempt under federal law from bankruptcy proceeding as the exemption was limited to the individual who created and contributed funds ...

Tagged with: Bankruptcy Claimed Exceptions Interests in Former Spouse's Accounts Retirement Funds

Even though a creditor filed a proof of claim in a Chapter 13 bankruptcy on a time-barred debt, the proof of claim was not false, deceptive or misleading under the Fair Debt Collections Practices Act. Eleventh Circuit The debtor “urges ...

Tagged with: Bankruptcy FDCPA Time-Barred Claim

Cawley v. Celeste (MLW No. 64981/Case No. 12-1555 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.)

Tagged with: Bankruptcy Res Judicata