Scott, In re--Scott v. Anderson
Apr
16
2021
Ruling
Bankruptcy court did not err when it failed to impose sanctions against creditor's counsel as itappropriately found that there was no evidence that the stay relief motion was made for animproper purpose. (B.A.P. 8th Cir.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Fansteel Foundry Corp., In re--Dooley v. Luxfer MEL Techs.
Aug
07
2020
Ruling
Bankruptcy court's decision that ordinary course of business defense did not apply wasremanded for explanation as to why the court adopted 47 days as the cut-off period. (B.A.P. 8thCir.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Benitez, In re
Feb
04
2020
Ruling
Court properly dismissed debtor's Chapter 13 case as void as filing the case violated theautomatic stay in his Chapter 7 case. (B.A.P. 8th Cir.)
Issue(s)
Automatic Stay.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Doughty, In re
Dec
17
2019
Ruling
Court dismissed debtor's request for relief from violations of the automatic stay as the stay didnot apply to domestic support obligations. (B.A.P. 8th Cir.)
Issue(s)
Automatic Stay; Exceptions; Family or Domestic Proceedings, Licenses, Tax
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
McDougall, In re--McDougall v. AgCountry Farm Credit Servs.
Jul
09
2018
Ruling
Appellate panel did not have jurisdiction over state law fraud claim which was not created ordetermined by the bankruptcy code. (B.A.P. 8th Cir.)
Issue(s)
Bankruptcy Cases and Proceedings.
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Court
:
Judge or Jurisdiction information not available
Peabody Energy Corp., In re
Dec
20
2017
Ruling
Court denied motions to file proofs of claims after the deadline as debtors provided notice to creditors which met the requirements of due process. (Bankr. E.D. Mo.)
Issue(s)
Removal of Claims Related to Bankruptcy Cases; Remand on Equitable Grounds.
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Court
:
- 11 U.S.C.
Peabody Energy Corp., In re
Oct
12
2017
Ruling
Creditor's claim was disallowed where creditor waived the claim because it failed to providetimely notice under the contract. (Bankr. E.D. Mo.)
Issue(s)
Allowance of Claims or Interests; Objections.
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Court
:
- 11 U.S.C.
Lariat Cos. v. Wigley (In re Wigley)
Sep
21
2016
Ruling
Denial of motion to dismiss or convert and subsequent confirmation of plan affirmed onappeal. (B.A.P. 8th Cir.)
Issue(s)
The main issue on appeal was whether the bankruptcy court properly denied the creditor's request to dismiss debtor's case or convert it to Chapter 7 under 11 U.S.C.S. § 1112(b)(1), resulting in the ultimate confirmation of debtor's fourth modified Chapter 11 plan.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Noranda Aluminum Inc.
Apr
07
2016
Ruling
Debtor could reject contract that the counterparty was seeking to assume in its own bankruptcy case.
Issue(s)
Was debt owed to state lottery commission based on debtor's failure to account for funds arising from the sale of lottery tickets nondischargeable due to detbor's fiduciary defalcation in role as the owner of a lottery retailer?
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Court
:
- 11 U.S.C.
In re Helmes
Nov
09
2015
Ruling
Tax refund pursuant to earned income tax credit received by tax preparer as debtor's agent prior to petition date was not exempt.
Issue(s)
Could debtor's claim tax refund received by their tax preparer pursuant to the earned income tax credit be claimed as exempt?
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Court
: