Sep
22
2023
Arregui, In re--Fink v. Arregui
Ruling:
Transfer was actually fraudulent as made by debtors with the intent to hinder, delay, ordefraud their creditors. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on September 22,2023, LexisNexis #1123-092
May
30
2023
Caswell, In re
Ruling:
Certain attorney fees incurred in connection with the representation of a mortgage creditor in a Chapter 13 case in which a mortgage was in default were allowed as reasonable. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on May 30,2023, LexisNexis #0723-056
Jan
17
2023
Marsh, In re
Ruling:
Proceeds from the post-confirmation sale of debtors’ residence were property of the estate.(Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on January 17,2023, LexisNexis #0323-065
Dec
01
2022
Guitton-Belon, In re--Moyer v. Guitton-Belon
Ruling:
Creditor failed to establish that the debtor made a false representation where it failed to showthat the debtor falsely claimed to offer a warranty on his construction company's webpage.(Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on December 01,2022, LexisNexis #0223-015
Nov
10
2022
Goetz, In re
Ruling:
Debtor's request to compel abandonment of the estate's interest in her residence was denied asits value to the converted Chapter 7 estate included significant post-petition non-exemptequity that was inseparable from the residence. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on November 10,2022, LexisNexis #0123-70
Aug
18
2022
Mixson, In re
Ruling:
Bankruptcy court sustained trustee's objection to debtor's exemption for a workerscompensation discrimination claim as it does not cover any recovery under a retaliationlawsuit. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on August 18,2022, LexisNexis #1022-026
Jul
08
2022
Rosema, In re
Ruling:
Court approved settlement agreement between the U.S. Trustee and debtors' attorneys overattorneys' fees. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on July 08,2022, LexisNexis #0822-092
Apr
13
2022
Gibbs, In re--Casamatta v. Gibbs
Ruling:
Debt was not nondischargeable where the evidence supported a lack of fraudulent intent toomit information or make a false oath. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on April 13,2022, LexisNexis #0622-042
Mar
14
2022
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
Feb
10
2022
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