Eastern District

In re Patriot Coal Corp.

The matter before the court was the motion to reject collective bargaining agreements (CBA) and to modify retiree benefits pursuant to 11 U.S.C.S. §§ 1113, 1114 and one stakeholder's objection to the motion to reject collective bargaining agreements and to modify retiree benefits pursuant to 11 U.S.C.S. §§ 1113 and 1114.
Ruling: 
Debtor allowed to reject collective bargaining agreements and modify benefits as necessary condition to survival.
ABI Membership is required to access the full summary of In re Patriot Coal Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 29,2013, LexisNexis #0713-028

In re Patriot Coal Corp.

Debtors filed voluntary petitions for relief under chapter 11 of the Bankruptcy Code. The debtors filed a motion for authority to implement compensation plans, seeking the court's approval of its proposed compensation plans which contained an annual incentive plan (AIP) and a critical employee retention plan (CERP).
Ruling: 
Debtor granted authority to implement annual incentive plan and critical employee retention plan.
ABI Membership is required to access the full summary of In re Patriot Coal Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 16,2013, LexisNexis #0613-083

In re McIntosh

Both debtor and the chapter 13 trustee objected to confirmation of debtor's second amended chapter 13 Plan. Issues included whether the plan was properly confirmed despite the court's ordered deletion, based on the trustee's objection thereto, of language that debtor had added to Paragraph 10 of the court's model chapter 13 plan, adopted per Bankr. E.D. Mo. R. 3015-3(A) (Rule).
Ruling: 
Plan confirmed after deletion of language that differed from that in model plan.
ABI Membership is required to access the full summary of In re McIntosh. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 30,2012, LexisNexis #1212-132

In re Finn

The servicer on a mortgage that encumbered residential property asked the court to dismiss a chapter 13 case filed by debtor on a finding of bad faith per 11 U.S.C.S. § 1307 or , in the alternative, to grant relief from stay so that movant could enforce rights under the mortgage and related agreements. The issue was whether the totality of the circumstances relating to the case bespoke of bad faith sufficient to justify dismissal.
Ruling: 
Case dismissed for bad faith where debtor's partner transferred house to debtor after dismissal of partner's chapter 13 case without consideration.
ABI Membership is required to access the full summary of In re Finn. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 05,2012, LexisNexis #1212-028

Moore v. J&M Sec. LLC (In re Moore)

A chapter 13 debtor sought to avoid the judicial lien of respondent creditor in its entirety under 11 U.S.C.S. § 522(f). The creditor objected, but the holder of a junior consensual lien supported the motion.
Ruling: 
Judicial lien avoided to the extent impairing debtor's homestead exemption.
ABI Membership is required to access the full summary of Moore v. J&M Sec. LLC (In re Moore). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 11,2012, LexisNexis #1112-047

Mungenast v. Darr (In re Darr)

Plaintiff lessor filed a complaint against defendant chapter 7 debtor, objecting to the debtor's discharge pursuant to 11 U.S.C.S. § 727(a).
Ruling: 
Nondisclosure of post-asset sale income was not grounds for denial of discharge absent intent to hinder, delay or defraud.
ABI Membership is required to access the full summary of Mungenast v. Darr (In re Darr). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 20,2012, LexisNexis #0412-058

Conway v. Heyl (In re Heyl)

Plaintiff creditors filed a complaint against chapter 7 debtors seeking a determination that a debt was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Debt was nondischargeable due to misrepresentations regarding investment in real estate development on which creditor justifiably relied.
ABI Membership is required to access the full summary of Conway v. Heyl (In re Heyl). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 13,2012, LexisNexis #0312-010

In re Wellington

The U.S. Trustee (UST) filed a motion to dismiss a chapter 7 debtor's case pursuant to 11 U.S.C.S. §§ 707(b)(1) and 707(b)(3).
Ruling: 
Case dismissed for abuse after excluding deduction for 401(k) loan payments.
ABI Membership is required to access the full summary of In re Wellington. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 09,2012, LexisNexis #0312-055

Davis v. Bonewicz

Defendant filed a motion to dismiss in plaintiff"s action, which alleged various violations of the Fair Debt Collection Practices Act, 15 U.S.C.S. § 1692 et seq., and the Telephone Consumer Protection Act, 47 U.S.C.S. § 227 et seq.
Ruling: 
Motion to dismiss for failure to disclose cause of action in schedules denied as premature.
ABI Membership is required to access the full summary of Davis v. Bonewicz. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 18,2011, LexisNexis #1211-051

Sun Sec. Bank v. Rohe (In re Rohe)

Creditor filed a complaint against chapter 7 debtors seeking a revocation of their discharge pursuant to 11 U.S.C.S. § 727(d)(1).
Ruling: 
Failure to disclose ownership of guns or transfer more than one year prior to petition date was not grounds for revocation of discharge.
ABI Membership is required to access the full summary of Sun Sec. Bank v. Rohe (In re Rohe). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 18,2011, LexisNexis #1111-063

Pages

Subscribe to Eastern District