Eastern District

Marby v. United States Dept of Educ. Natl Payment Ctr. (In re Marby)

Plaintiff debtor filed an adversary proceeding seeking a determination that the student loan debts he incurred were included in his chapter 7 discharge pursuant to 11 U.S.C.S. § 523(a)(8).
Ruling: 
Homeless and unemployed debtor granted undue hardship discharge of student loan debt.
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Consumer case opionion summary, case decided on November 21,2008, LexisNexis #0109-102

Nuvell Credit Co. v. Callicott (In re Callicott)

The appellant, the creditor holding the loan on appellee debtor's motor vehicle, sought review of an order of the bankruptcy court for the Eastern District of Missouri, that found the creditor held only an unsecured claim for the amount of the debtor's negative equity in her trade-in vehicle, which the creditor had added to the debtor's loan on her newly purchased vehicle, under the hanging paragraph of 11 U.S.C.S. § 1325(a).
Ruling: 
Bankruptcy court properly held that negative equity in "910 vehicle" loan was not included in creditor's purchase money security interest.
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Consumer case opionion summary, case decided on November 12,2008, LexisNexis #1208-086

Radloff v. Ewing (In re Ewing)

Plaintiff, a chapter 7 trustee, filed a complaint to revoke a discharge granted to defendant debtor, or alternatively, for turnover against the debtor. The court held a trial and issued findings of fact and conclusions of law.
Ruling: 
Discharge revoked due to debtor's failure to turn over tax refund to trustee.
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Consumer case opionion summary, case decided on October 28,2008, LexisNexis #0109-070

Tigue v. State Farm Ins. Co.

Plaintiff borrower filed an action against 20 named defendants and 20 unnamed defendants for alleged violations of the federal truth-in-lending and consumer credit statutes relating to a mortgage the borrower has on real property. the borrower sought monetary damages, rescission of the mortgage, and an order that defendants provide the borrower with documents related to foreclosure. In five separate motions defendants filed motions to dismiss.
Ruling: 
Debtor's actions based on prepetition truth-in-lending violations dismissed as belonging to the estate.
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Consumer case opionion summary, case decided on October 22,2008, LexisNexis #1108-098

In re Mierkowski

The court conducted a hearing on the confirmation of the Second Amended chapter 13 plan filed by debtors and the Objection to the Plan filed by a creditor.
Ruling: 
"910 vehicle" claim could not be bifurcated but negative equity portion was not included in purchase money security interest.
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Consumer case opionion summary, case decided on September 29,2008, LexisNexis #0109-089

In re Callicott

In a debtor's chapter 13 case, a creditor filed a proof of claim secured by the debtor's purchase of a vehicle. The debtor objected to the amount of the claim, asserting that the creditor's purchase money security interest did not extend to the negative equity included in the loan.
Ruling: 
Negative equity in vehicle loan was not included in purchase money security interest and not entitled to protection under hanging paragraph.
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Consumer case opionion summary, case decided on April 14,2008, LexisNexis #0608-022

Peltz v. Merisel Americas Inc. (In re Bridge Info. Sys.)

Plaintiff administrator of a bankruptcy debtor's plan brought an adversary proceeding against defendant distributor of computer systems for enhancement and resale by the debtor. The administrator sought to avoid payments to the distributor as preferential, and the distributor asserted defenses based on the ordinary course of business and providing subsequent new value under 11 U.S.C.S. § 547(c)(2), (4).
Ruling: 
Alteration in payment terms defeated ordinary course of business defense to avoidance.
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Commercial case opionion summary, case decided on March 03,2008, LexisNexis #0508-032

Falcon Creditor Trust v. RightChoice Managed Care (In re Falcon Prods.)

Plaintiff creditor trust brought an adversary proceeding in the United States Bankruptcy Court for the Eastern District of Missouri against defendant medical plan administrator, seeking to avoid and recover certain transfers from Chapter 11 debtors as preferential under 11 U.S.C.S. §§ 547 and 550. The bankruptcy court granted summary judgment in favor of the administrator. The trust appealed.
Ruling: 
Bankruptcy court properly refused to avoid transfers to medical plan administrator when there would be no benefit to the estate.
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Commercial case opionion summary, case decided on February 08,2008, LexisNexis #0308031

Wallace v. Educ. Credti Mgmt. Corp. (In re Wallace)

Plaintiff, a discharged chapter 7 debtor, filed an adversary proceeding seeking a determination that the student loan debt she incurred while obtaining her law degree was included in her discharge pursuant to 11 U.S.C. § 523(a)(8).
Ruling: 
Debtor who flunked bar exam an was unable to secure permanent position granted undue hardship discharge of student loan debt.
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Consumer case opionion summary, case decided on November 27,2007, LexisNexis #0108-026

In re Mordis

The United States Trustee filed a motion to dismiss chapter 7 debtor's case, arguing that granting the debtor relief would constitute an abuse of the provisions of chapter 7 as provided in 11 U.S.C. § 707(b)(1).
Ruling: 
Loan payments and contributions to thrift savings plan were not proper expenses and once excluded resulted in dismissal for presumption of abuse.
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Consumer case opionion summary, case decided on October 09,2007, LexisNexis #1107-080

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