Western District

Neosho Concrete Prods. Co., In re

Ruling: 
Conversion of Chapter 11 case to Chapter 7 was not warranted as the United States Trustee didnot satisfy its burden to prove the absence of a reasonable likelihood of rehabilitation basedonly on the failure of debtor to reach a binding supply agreement. (Bankr. W.D. Mo.)
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Commercial case opionion summary, case decided on May 06,2021, LexisNexis #0621-069

Knoblock, In re

Ruling: 
Personal injury suit filed against debtors for purposes of seeking recovery from debtors’insurer did not violate the discharge injunction. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on April 02,2021, LexisNexis #0521-067

Dille, In re

Ruling: 
Counsel's request for additional attorneys fees was granted in part because of debtor'smisconduct in failing to disclose income and assets. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on March 08,2021, LexisNexis #0421-077

Clevenger, In re--Bank Nw. v. Clevenger

Ruling: 
Excepting the debt from discharge was not warranted, as the bank had not satisfied its burdento prove willfulness because it did not prove that debtor committed an intentional tort. (Bankr.W.D. Mo.)
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Consumer case opionion summary, case decided on December 29,2020, LexisNexis #0221-035

Thurmon, In re

Ruling: 
Court sustained the United States Trustee's objection to debtors' subchapter V election as theywere not engaged in commercial or business activities on the day they filed bankruptcy.(Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on December 08,2020, LexisNexis #0121-099

Thompson, In re--United States Trustee v. Thompson

Ruling: 
Insurer that was not a creditor and had no interest in the outcome of debtor's case lackedstanding to seek dismissal. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on December 04,2020, LexisNexis #0121-068

Winters, In re

Ruling: 
Debtor's motion to dismiss involuntary petition was denied as debtor failed to attend thehearing or present credible evidence clarifying ambiguities and inconsistencies in theevidence. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on September 15,2020, LexisNexis #1020-097

Ely, In re

Ruling: 
Motion to dismiss debtor's Chapter 13 bankruptcy case was granted as debtor had presentedno evidence of bad faith on the creditor's part, nor of prejudice he had suffered as a result ofthe timing of the motion. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on April 29,2020, LexisNexis #0620-099

Reed, In re--Bitner v. Reed

Ruling: 
Guardian ad litem fees excepted from discharge where debt relating to amounts owed toplaintiff were in the nature of a child support obligation. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on May 05,2020, LexisNexis #0620-089

Jones, In re

Ruling: 
State administrative determination of overpayment of state employment benefits hadcollateral estoppel effect and resulting debt was excepted from discharge. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on September 23,2019, LexisNexis #1119-038

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