Skip to main content

Page Banner(Taxonomy)

District of missouri

Robert J. Ambruster, Inc., In re

Ruling
Court refused to reconsider the trustee fee order as the motion failed to present any newevidence or meet the required standard for presenting new evidence. (Bankr. E.D. Mo.)
Issue(s)
New Trials; Amendment of Judgments.

ABI Membership is required to access the full summary of Robert J. Ambruster, Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on September 01, 2023 , LexisNexis #1023-075

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.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.

ABI Membership is required to access the full summary of Caswell, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 30, 2023 , LexisNexis #0723-056

Swackhammer, In re--Swackhammer v. Swackhammer

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.

ABI Membership is required to access the full summary of Swackhammer, In re--Swackhammer v. Swackhammer Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 23, 2023 , LexisNexis #0723-069

Perry, In re--Perry v. Perry

Ruling
Judgment debt was excepted from discharge as all elements of the claim had been established in small claims litigation or conceded in the current proceeding. (Bankr. E.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts in Connection with Divorce or Separation.

ABI Membership is required to access the full summary of Perry, In re--Perry v. Perry Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 12, 2023 , LexisNexis #0723-010

Shoults, In re

Ruling
Debtors were not allowed to exempt an unliquidated, contingent cause of action where the state had opted out of the federal scheme and not announced any new exemptions. (Bankr. E.D. Mo.)
Issue(s)
Exemptions; Types of Exempt Property.

ABI Membership is required to access the full summary of Shoults, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 31, 2023 , LexisNexis #0523-086

Yount, In re

Ruling
Bankruptcy judge's order rescheduling the trial of the adversary proceeding could not reasonably be interpreted as modifying the discharge injunction as to the negligence claim. (Bankr. E.D. Mo.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.

ABI Membership is required to access the full summary of Yount, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 24, 2023 , LexisNexis #0523-064

Marsh, In re

Ruling
Proceeds from the post-confirmation sale of debtors’ residence were property of the estate.(Bankr. W.D. Mo.)
Issue(s)
Property of the Estate.

ABI Membership is required to access the full summary of Marsh, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 17, 2023 , LexisNexis #0323-065

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.)
Issue(s)
Discharge; Grounds for Denial.

ABI Membership is required to access the full summary of Guitton-Belon, In re--Moyer v. Guitton-Belon Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 01, 2022 , LexisNexis #0223-015

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.)
Issue(s)
Abandonment of Property of the Estate.

ABI Membership is required to access the full summary of Goetz, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 10, 2022 , LexisNexis #0123-70

Reichel, In re--Reichel v. Jensen-Carter

Ruling
Bankruptcy court did not abuse its discretion by denying debtor's repeated motions to reopenhis case as the underlying purpose was the reversing of his criminal conviction. (B.A.P. 8thCir.)
Issue(s)
Closing and Reopening Cases; When to Reopen.

ABI Membership is required to access the full summary of Reichel, In re--Reichel v. Jensen-Carter Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 28, 2022 , LexisNexis #0123-52