Thornton, In re
Jun
28
2017
Ruling
Debtor has not made "all payments under the plan" when she had failed to make her ongoingpostpetition mortgage payments outside the plan. (Bankr. W.D. Mo.)
Issue(s)
Discharge; Full-Compliance Discharge.
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Court
:
- 11 U.S.C.
Homes, In re--McClammer v. Homes
May
04
2017
Ruling
Debt was nondischargeable as the debtor commited actual fraud in misrepresenting with theintent to deceive and creditor relied in the debtor's representations. (Bankr. W.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
- 11 U.S.C.
United States DOL v. Harris (In re Harris)
Jan
06
2017
Ruling
Bankruptcy court did not err in concluding that debtor breached his Employee RetirementIncome Security Act fiduciary duty when he decided not to remit the employee withholdingsand instead used those assets to pay corporate creditors and personal expenses. (B.A.P. 8th Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Hutsler
Dec
19
2016
Ruling
Debtors' chapter 13 plan could not be confirmed because it modifies its secured claim inviolation of anti-modification provision regarding residential mortgages.(Bankr. W.D. Mo.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
Paulson v. McDermott (In re Paulson)
Nov
17
2016
Ruling
Bankruptcy court did not clearly err in denying debtor's motion to reinstate dismissed chapter13 case and denying motion to reconsider. (B.A.P. 8th Cir.)
Issue(s)
Conversion or Dismissal; For Cause.
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Court
:
Judge or Jurisdiction information not available
United States Tr. v. Salazar (In re Salazar)
Nov
10
2016
Ruling
Discharge denied due to debtor’s failure to declare gambling losses or amount of cash on handon petition date. (Bankr. W.D. Mo.)
Issue(s)
Discharge; Grounds for Denial.
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Court
:
- 11 U.S.C.
In re Caldwell
Sep
30
2016
Ruling
Court order for waiver of personal property tax to allow debtor to renew license for vehiclenecessary to fund plan. (Bankr. W.D. Mo.)
Issue(s)
Power of Court.
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Court
:
- 11 U.S.C.
Missouri Family Support Div. v. McGinnis (In re McGinnis)
Sep
22
2016
Ruling
State family services department’s claim based on determination of allegedmisrepresentations by debtor that did not have preclusive effect disallowed. (Bankr. W.D. Mo.)
Issue(s)
Should a debt for overpayment of food stamp assistance be declared nondischargeable?
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Court
:
- 11 U.S.C.
In re Portell
Sep
09
2016
Ruling
Debtor spouse’s postpetition inheritance was property of that spouse’s estate only and couldbe used to pay that spouse’s creditors. (Bankr. W.D. Mo.)
Issue(s)
Could debtor use a portion of a postpetition inheritance to pay off all that debtor’s debts but not debts of debtor spouse?
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Court
:
- 11 U.S.C.
In re Hurst
Jul
19
2016
Ruling
Undue hardship discharge of student loan debt properly denied.
Issue(s)
Whether a bankruptcy court properly denied an undue hardship discharge of student loan debt under 11 U.S.C.S. § 523(a)(8).
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Court
:
Judge or Jurisdiction information not available