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District of missouri

Coffer, In re

Ruling
Court ruled commercial real estate was not part of debtor's bankruptcy estate as debtor'sinterest was limited to LLC membership and not LLC's assets, despite LLC dissolution. (Bankr.E.D. Mo.)
Issue(s)
Property of the Estate.

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Consumer opinion summary, case decided on July 17, 2024 , LexisNexis #0924-038

Pavel, In re--Walton v. Pavel

Ruling
Debtor's claim was nondischargeable as debtor made false representations about the car'scondition. (Bankr. W.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on July 10, 2024 , LexisNexis #0924-034

JC Farms, LLC, In re

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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Commercial opinion summary, case decided on July 09, 2024 , LexisNexis #0924-049

Childers, In re--Barklage v. Childers

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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Consumer opinion summary, case decided on May 31, 2024 , LexisNexis #0824-013

Lovett, In re

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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Consumer opinion summary, case decided on May 21, 2024 , LexisNexis #0724-090

Baur, In re

Ruling
Court could not conclude that law firm’s inaccurate description of its services equated to amisrepresentation. (Bankr. E.D. Mo.)
Issue(s)
Restrictions on Debtor Relief Agencies; Restricted Actions; Misrepresentations.

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Consumer opinion summary, case decided on March 29, 2024 , LexisNexis #0624-010

Rivas, In re

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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Consumer opinion summary, case decided on December 12, 2023 , LexisNexis #0224-001

Arregui, In re--Fink v. Arregui

Ruling
Transfer was actually fraudulent as made by debtors with the intent to hinder, delay, ordefraud their creditors. (Bankr. W.D. Mo.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Consumer opinion summary, case decided on September 22, 2023 , LexisNexis #1123-092

Robert J. Ambruster, Inc., In re

Ruling
Court refused to reconsider the trustee fee order as the motion failed to present any newevidence or meet the required standard for presenting new evidence. (Bankr. E.D. Mo.)
Issue(s)
New Trials; Amendment of Judgments.

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Commercial opinion summary, case decided on September 01, 2023 , LexisNexis #1023-075

Caswell, In re

Ruling
Certain attorney fees incurred in connection with the representation of a mortgage creditor in a Chapter 13 case in which a mortgage was in default were allowed as reasonable. (Bankr. W.D. Mo.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.

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Consumer opinion summary, case decided on May 30, 2023 , LexisNexis #0723-056