Caswell, In re
May
30
2023
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.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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Court
:
- 11 U.S.C.
Swackhammer, In re--Swackhammer v. Swackhammer
May
23
2023
Ruling
Court properly approved modification of debtors' plan as they established a substantial change in circumstances due to their inability to meet their crop yield projections due to a delay in financing. (B.A.P. 8th Cir.)
Issue(s)
Modification of Plan After Confirmation.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Steiner, In re
Feb
10
2022
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.)
Issue(s)
Power of Court.
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Court
:
- 28 U.S.C.
Pursell Holdings, In re
Aug
30
2019
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.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
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Court
:
- 11 U.S.C.
James, In re--Casamatta v. Castle Law Office of Kan. City, P.C.
Nov
28
2018
Ruling
Court noted that U.S. Trustee has a duty to bring violations by attorneys to the court's attention. (Bankr. W.D. Mo.)
Issue(s)
Restrictions on Debtor Relief Agencies.
ABI Membership is required to access the full summary of James, In re--Casamatta v. Castle Law Office of Kan. City, P.C. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Bagsby, In re--Floorplan Xpress, LLC-OK v. Bagsby
Jul
18
2017
Ruling
Debtors' motion for partial summary judgment with respect to the claim that debt was for fraud or defalcation while acting in a fiduciary capacity granted as loan terms themselves did not create a fiduciary relationship. (Bankr. W.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.
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Court
:
- 11 U.S.C.
Gregory, In re
Jun
14
2017
Ruling
Debtor was not required to surrender property to a creditor where debtor's expression ofintention was mere relinquishment and not surrendering the property. (Bankr. W.D. Mo.)
Issue(s)
Debtor's Duties; Required Acts; Where Individual Debtor’s Debt is Secured by Property of the Estate; Statement of Intention.
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Court
:
- 11 U.S.C.
Williams, In re
May
15
2017
Ruling
Plan confirmation was denied as debtor's plan was not proposed on good faith. (Bankr. W.D. Mo.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Proposed in Good Faith.
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Court
:
- 11 U.S.C.
Lake Lotawana Cmty. Improvement Dist., In re
May
11
2017
Ruling
Debtor's motion to close case granted as the plan has already expired and the court had nothing left to manage. (Bankr. W.D. Mo.)
Issue(s)
Continuing Jurisdiction and Closing of the Case.
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Court
:
- 11 U.S.C.
In re Boston
Dec
02
2016
Ruling
Gap insurance and service contract could be considered part of car lender’s secured claim forcramdown purposes. (Bankr. W.D. Mo.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation of Creditor’s Interest.
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Court
: