Shelby, In re
Sep
04
2024
Ruling
Court concluded that a Chapter 7 debtor who has received a discharge may convert to Chapter 13 but the discharge should be set aside upon conversion. (Bankr. E.D. Mo.)
Issue(s)
Conversion; By the Debtor.
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Court
:
Ellison, In re
Aug
05
2024
Ruling
Court conditionally dismissed Chapter 7 case as abusive based on totality of circumstances.(Bankr. E.D. Mo.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.
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Court
:
JC Farms, LLC, In re
Jul
09
2024
Ruling
Late-filed claim allowed in Chapter 12 case where creditor did not receive notice of claims bardate. (Bankr. E.D. Mo.)
Issue(s)
Filing Proof of Claim or Interest; Time for Filing; Notice to Creditor at Foreign
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Court
:
- 11 U.S.C.
Childers, In re--Barklage v. Childers
May
31
2024
Ruling
Court dismissed creditor's non-dischargeability claims for lack of factual allegations showingdebtors' fraudulent intent and failure to specify written financial statements relied upon.(Bankr. E.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.
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:
Lovett, In re
May
21
2024
Ruling
Deadline to file a complaint seeking to except a debt from discharge had passed and it couldnot be extended after the fact. (Bankr. E.D. Mo.)
Issue(s)
Exceptions to Discharge; Automatic Discharge of Certain Debts Absent Creditor
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Court
:
- 11 U.S.C.
Rivas, In re
Dec
12
2023
Ruling
Co-debtor was appointed as guardian ad litem for a debtor solely for the purposes of thebankruptcy case. (Bankr. E.D. Mo.)
Issue(s)
Who May Be a Debtor.
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Court
:
- 11 U.S.C.
Perry, In re--Perry v. Perry
May
12
2023
Ruling
Judgment debt was excepted from discharge as all elements of the claim had been established in small claims litigation or conceded in the current proceeding. (Bankr. E.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts in Connection with Divorce or Separation.
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Court
:
- 11 U.S.C.
Yount, In re
Mar
24
2023
Ruling
Bankruptcy judge's order rescheduling the trial of the adversary proceeding could not reasonably be interpreted as modifying the discharge injunction as to the negligence claim. (Bankr. E.D. Mo.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
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Court
:
- 11 U.S.C.
Sebastian v. Frickel (In re WorldSpace Inc.)
Sep
17
2014
Ruling
Derivative complaint against non-debtor subsidiary of debtor by the subsidiary's employee dismissed for lack of standing.
Issue(s)
Was employee of debtor's non-debtor subsidiary a "creditor" whose wage claim could be allowed in debtor's case?
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Court
:
- 11 U.S.C.
Zazzali v. AFA Fin. Group LLC
Aug
28
2012
Ruling
Avoidance proceedings dismissed except to the extent that good faith/value defense possibly applied.
Procedural posture
Plaintiff Trustee brought a proceeding against defendants (some of "Movants"). Count One was pursuant to 11 U.S.C.S. § 548(a)(1)(A). Counts Two and Three were pursuant to 11 U.S.C.S. § 544 and Idaho Code Ann. §§ 55-906, 55-913. Count Four alleged unjust enrichment. Count Five was pursuant to 11 U.S.C.S. § 547. Count Six was pursuant to 11 U.S.C.S. § 549. Count Seven sought claim disallowance under 11 U.S.C.S. § 502(d). Movants sought dismissal.
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Court
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