Western District

Gibbs, In re--Casamatta v. Gibbs

Ruling: 
Creditors' motion to dismiss properly denied as neither the timing of the filing of the petitionnor the mistaken decision to seek relief under Chapter 13 instead of Chapter 11 wereindicative of unfair manipulation. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on March 14,2022, LexisNexis #0522-023

Steiner, In re

Ruling: 
Debtor was barred from filing a bankruptcy petition for a period of one year as she had notproceeded in good faith but had used the bankruptcy filing to avoid being evicted and toavoid paying a creditor. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on February 10,2022, LexisNexis #0422-002

W. Robidoux, Inc., In re

Ruling: 
Debtor's law firm was entitled to fees and expenses as the firm established its services andexpenses were actual and necessary and its fees are reasonable. (Bankr. W.D. Mo.)
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Commercial case opionion summary, case decided on October 21,2021, LexisNexis #1221-051

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

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