Eastern District

Huling v. Business Bank of St. Louis (In re Huling)

Plaintiff chapter 11 debtors filed an adversary proceeding against defendant bank, seeking a determination that a deed of trust they gave the bank to secure a loan was avoidable under 11 U.S.C.S. § 547(b) as a preferential transfer. The debtors filed a motion for summary judgment.
Ruling: 
Deed of trust recorded 33 days before petition date was an avoidable preferential transfer.
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Consumer case opionion summary, case decided on October 08,2009, LexisNexis #1209-127

In re Dickey

Before the court was debtor's Amended Objection to Claim # 2 which objected to Amended Claim # 2 filed by a claimant in the amount of $ 10,670.
Ruling: 
Claim for previously waived legal fees allegedly modified by oral agreement disallowed on debtor's objection.
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Consumer case opionion summary, case decided on September 16,2009, LexisNexis #1109-011

Armin Tool & Mfg. v. Continentalafa Dispensing Co. (In re Continentalafa Dispensing Co.)

Creditor filed an adversary proceeding against defendants, a chapter 11 debtor and two funds, seeking an order determining the priority and validity of liens the creditor held on personal property. A committee of unsecured creditors was allowed to intervene, and the debtor, the committee, and the funds filed answers to the creditor's complaint. The case was tried to the court.
Ruling: 
Creditor's claim limited to amount of approved sale of collateral to which creditor did not object.
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Commercial case opionion summary, case decided on September 14,2009, LexisNexis #1209-076

LeCompt v. Howard (In re Howard)

Plaintiff creditor brought an adversary proceeding seeking a determination of nondischargeability pursuant to 11 U.S.C.S. § 523(a)(6), for any debt related to his claim against the defendant debtor arising from a prepetition assault with a board.
Ruling: 
Claim arising from debtor's assault on creditor was nondischargeable.
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Consumer case opionion summary, case decided on September 09,2009, LexisNexis #1009-124

In re Glenn

Debtor filed a petition under chapter 7 of the Bankruptcy Code on February 11, 2009, and on April 3, 2009, she filed a motion under 11 U.S.C.S. § 706(a), seeking an order converting her case to one under chapter 13 of the Bankruptcy Code. A trustee who was appointed to administer the debtor's bankruptcy estate filed an objection to the debtor's motion.
Ruling: 
Conversion to chapter 13 denied because the debtor failed to show ability to fund a plan.
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Consumer case opionion summary, case decided on August 03,2009, LexisNexis #0909-053

Burns v. Farmers State Bank (In re Ragsdel)

Chapter 7 trustee, filed a complaint pursuant to 28 U.S.C.S. § 157(b) against creditors to determine the extent and validity of home liens. The matter was submitted on stipulated facts and letter briefs.
Ruling: 
Lien against property interest created by prepetition deed in to debtor that was not discovered until after discharge was avoidable.
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Consumer case opionion summary, case decided on June 10,2009, LexisNexis #0709-122

Bridges v. Continentalafa Dispensing Co. (In re Continentalafa Dispensing Co.)

Former employee filed a class action adversary proceeding against debtors, his former employers, on behalf of himself and a class of similarly situated former employees of the debtors seeking damages under the Worker Adjustment and Retraining Notification Act (WARN Act) for termination of employment without 60-days advance written notice. The debtors moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(6).
Ruling: 
Prepetition WARN Act claim was not entitled to administrative expense status.
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Commercial case opionion summary, case decided on March 27,2009, LexisNexis #0609-044

Mahler v. Geary (In re Geary)

Creditors, who sold their muffler shop to debtors, sought an order denying the debtors a discharge pursuant to 11 U.S.C.S. § 727(a)(4)(A), asserting that the debtors intentionally failed to schedule or understated the value of a number of vehicles.
Ruling: 
Unintentional misrepresentation regarding value of vehicles was not grounds for denial of discharge.
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Consumer case opionion summary, case decided on March 20,2009, LexisNexis #0609-062

In re Go Fig Inc.

A lessor of chapter 7 debtors filed an application for allowance of an administrative priority claim in connection with a rejected lease. The chapter 7 trustee objected. Two threshold issues were before the court for determination, specifically, whether the limitations in 11 U.S.C.S. § 503(b)(1)(A) applied and whether the trustee had the defense of recoupment to reduce the lessor's allowed claim by the amount of the security deposit.
Ruling: 
Administrative expense claim for lessor's postpetition, prerejection performance was not subject to trustee's recoupment defense.
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Commercial case opionion summary, case decided on February 05,2009, LexisNexis #0509-081

Falcon Creditor Trust v. First Ins. Funding Corp. (In re Falcon Prods. Inc.)

After the Eighth Circuit Bankruptcy Appellate Panel (BAP) reversed its grant of summary judgment in favor of defendant finance company and against plaintiff creditor trust, which had sought to avoid and recover transfers alleged to be preferential per 11 U.S.C.S. § 547, the court, as ordered, considered defenses asserted by the company and the actual effect of the transfers per the Supreme Court's ruling in Palmer Clay Products Co. v. Brown.
Ruling: 
On remand, bankruptcy court reaffirmed that payment on claim that was fully secured at time of transfer was not preferential.
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Commercial case opionion summary, case decided on January 30,2009, LexisNexis #0309-102

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