Western District

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

Pursell Holdings, In re

Ruling: 
Court abstained from taking jurisdiction of debtor's motion to enforce discharge injunction asthe state law issues predominated over the litigation as a whole. (Bankr. W.D. Mo.)
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Commercial case opionion summary, case decided on August 30,2019, LexisNexis #1019-097

Gas-Mart United States, Inc., In re--Lauter v. Wells Fargo Bank, N.A.

Ruling: 
Creditor's complaint to avoid preferential transfer was overruled in part as plaintiff established that payments it received were a contemporaneous exchange for new value. (Bankr. W.D. Mo.)
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Commercial case opionion summary, case decided on March 07,2019, LexisNexis #0419-089

James, In re--Casamatta v. Castle Law Office of Kan. City, P.C.

Ruling: 
Court noted that U.S. Trustee has a duty to bring violations by attorneys to the court's attention. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on November 28,2018, LexisNexis #0119-096

Luebbert, In re--Global Control Sys. v. Luebbert

Ruling: 
Debt excepted from discharge as the debtor knew about the noncompete agreement and hisobligations under the amendment and took calculated and clandestine steps to do businesswith another company in violation of his obligations. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on November 15,2018, LexisNexis #0119-012

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