Title

Jurisdiction

Decided date

Filing type

11 U.S.C.
- § 328

Briggs v. LaBarge (In re McGregory)

Mar

2006

Ruling

Bankruptcy court did not err in finding a per se conflict of interest in an attorney representing both a debtor and a bank in the same transaction and in denying the attorney fees.

Procedural posture

Appellant debtor's attorney sought review of a decision of the Bankruptcy Court for the Eastern District of Missouri, which granted the motion of appellee trustee denying the request for attorney fees and directing disgorgement of the fees paid.

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Court :

Judge or Jurisdiction information not available

opinion summary, case decided on March 24, 2006 , LexisNexis #0406-112

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11 U.S.C.

In re Robinson

Feb

2006

Ruling

Court ruled that the debtor could modify the interest rates that secured creditors received in a chapter 13 case.

Procedural posture

Debtor filed a voluntary chapter 13 bankruptcy petition. Before the court were Objections to Confirmation of two creditors.

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Court :

Western District of Missouri ( Judge Federman ) [ Bankruptcy Court ]

opinion summary, case decided on February 10, 2006 , LexisNexis #0306-074

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11 U.S.C.

Bender v. Van Ru Credit Corp. (In re Bender)

Feb

2006

Ruling

Court ruled that it did not have the authority to restructure or reduce the debtor's student loan debt and that that debt was nondischargeable since the the debtor did not demonstrate undue hardship.

Procedural posture

Plaintiff debtor filed an adversary proceeding against defendant U.S. Department of Education, seeking to discharge student loan obligations pursuant to 11 U.S.C. § 523(a)(8). The bankruptcy court held a trial.

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Court :

Western District of Missouri ( Judge Federman ) [ Bankruptcy Court ]

opinion summary, case decided on February 09, 2006 , LexisNexis #0306-088

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11 U.S.C.
- § 362
- § 362(a)

In re Kuecker Equip. Co.

Feb

2006

Ruling

Debtor's original state court action violated the automatic stay but the amended complaint did not since only the original complaint had included the corporation debtor directly in the action.

Procedural posture

A corporate bankruptcy debtor asserted that a former employee of the debtor violated the automatic bankruptcy stay by pursuing a state court action against the debtor's principals. The debtor moved to enforce the bankruptcy stay.

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Court :

Western District of Missouri ( Judge Federman ) [ Bankruptcy Court ]

opinion summary, case decided on February 06, 2006 , LexisNexis #0306-079

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11 U.S.C.
- § 101
- § 101(10A)

In re Ward

Jan

2006

Ruling

Social security income excluded from calculation of disposable income.

Procedural posture

The debtor filed for bankruptcy relief under chapter 13 and submitted a proposed plan. The trustee objected to the plan, asserting that the debtor was not going to pay all of her projected disposable income into the plan during the applicable commitment period as required by 11 U.S.C. § 1325(b).

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Court :

Western District of Missouri ( Judge Federman ) [ Bankruptcy Court ]

opinion summary, case decided on January 07, 2006 , LexisNexis #0207-036

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28 U.S.C.
- § 1930
- § 1930(f)

In re Nuttall

Dec

2005

Ruling

Debtors were granted a waiver of the filing fee based on a review of their income.

Procedural posture

Debtors, a husband and wife, filed an application for waiver of the chapter 7 filing fee for individuals who could not pay the filing fee in full or in installments pursuant to 28 U.S.C. § 1930(f).

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Court :

Western District of Missouri ( Judge Federman ) [ Bankruptcy Court ]

opinion summary, case decided on December 27, 2005 , LexisNexis #0206-097

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11 U.S.C.

Martens v. Countrywide Home Loans (In re Martens)

Oct

2005

Ruling

Order granting relief from automatic stay was affirmed where the debtor admitted to making no mortgage payments for several months and to having no equity in the property.

Procedural posture

Husband and wife debtors filed for relief under chapter 7. The bankruptcy court granted appellant creditor's motion for relief from the automatic stay with respect to the debtors'real property. Appellant wife (debtor) filed a pro se appeal of that decision; the husband did not join the appeal.

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Court :

Judge or Jurisdiction information not available

opinion summary, case decided on October 03, 2005 , LexisNexis #0106-076

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