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Collateral Attack

Sep 18, 2019

Domestic Relations: Termination of Parental Rights-Collateral Attack

The trial court entered a judgment involuntarily terminating T.B.’s parental rights to her child, A.R.B. On appeal, T.B. raised multiple claims of error in the termination proceedings. Where T.B.’s claims of denial of counsel and complaints regarding the guardian ad litem’s representation of A.R.B. constituted impermissible collateral attacks, the court affirmed the termination of T.B.’s [[...]

Aug 5, 2019

Bankruptcy: Adversary Proceeding-Collateral Attack-Dischargeability of Loan Obligation

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 the dischargeability of a loan obligation, which had been previously ruled by the bankruptcy court [&hell[...]

Aug 5, 2019

Bankruptcy: Challenge to Sale of Estate Assets-Collateral Attack-Denial of Leave to Amend

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 as an impermissible collateral attack on the order approving the sale. Where the bankruptcy court […]

Nov 5, 2018

Probate: Will Contest- Collateral Attack- Res Judicata

Where appellants, who were family members of decedent, brought a will contest challenging the rejection by the probate division of one of the four purported wills of decedent, the trial court properly granted summary judgment in favor of the decedent’s adopted daughter because the appellants’ claims were barred by res judicata based on a judgment […]

Mar 29, 2018

Bankruptcy : Trustee Claims –  Final Sale Order –  Collateral Attack

Fulmer v. Fifth Third Equipment Finance Company (MLW No. 71492/Case No. 17-6017 – 17 pages) (U.S. Bankruptcy Appellate Panel, Saladino, J.)

Dec 11, 2017

Civil Practice :  Res Judicata –   Collateral Attack

M.W. v. S.W. (MLW No. 71226/Case No. ED105546 – 14 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.)

Jan 4, 2017

Domestic Relations : Parental Rights – Termination – Collateral Attack

In the Interest of: K.R.T., A.J.T. and K.L.T. v. Department of Social Services (MLW No. 70039/Case No. WD79613 – 8 pages) (Missouri Court of Appeals, Western District, Martin, J.)

Jan 20, 2015

Domestic Relations : Child Custody – Foreign Judgment – Collateral Attack

Nestle v. Johns (MLW No. 67372/Case No. ED100902 – 8 pages) (Missouri Court of Appeals, Eastern District, Clayton III, J.)

Feb 17, 2014

Bankruptcy : Adversary Proceeding – Restitution Judgment – Collateral Attack

Behrens v. U.S. (MLW No. 66019/Case No. 13-6052 – 5 pages) (U.S. Bankruptcy Appellate Panel, Nail, B.J.)

Feb 14, 2014

Bankruptcy : Adversary Proceeding – Restitution Judgment – Collateral Attack

Behrens v. U.S. (MLW No. 66019/Case No. 13-6052 – 5 pages) (U.S. Bankruptcy Appellate Panel, Nail, B.J.)

Aug 14, 2013

Criminal Law : Post-Conviction – DNA Testing – Collateral Attack

Hamilton v. State (MLW No. 65399/Case No. WD75773 – 5 pages) (Missouri Court of Appeals, Western District, Gabbert, J.)

Apr 26, 2012

Civil Practice: Collateral Attack – Fraud Action – Child Support

Reimer v. Hayes (MLW No. 63584/Case No. WD73603 – 7 pages) (Missouri Court of Appeals, Western District, Welsh, P.J.)

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