Missouri

Peabody Energy Corp., In re

Ruling: 
Court denied motions to file proofs of claims after the deadline as debtors provided notice to creditors which met the requirements of due process. (Bankr. E.D. Mo.)
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Commercial case opionion summary, case decided on December 20,2017, LexisNexis #0118-118

Peabody Energy Corp., In re

Ruling: 
Creditor's claim was disallowed where creditor waived the claim because it failed to providetimely notice under the contract. (Bankr. E.D. Mo.)
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Commercial case opionion summary, case decided on October 12,2017, LexisNexis #1117-073

Austin, In re

Ruling: 
The correct date for determining the amount of a claim where an objection was made was the date that the case was filed. (Bankr. E.D. Mo.)
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Consumer case opionion summary, case decided on July 24,2017, LexisNexis #0917-044

Bagsby, In re--Floorplan Xpress, LLC-OK v. Bagsby

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.)
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Consumer case opionion summary, case decided on July 18,2017, LexisNexis #0817-102

Xurex, Inc., In re--Enslein v. IPFS Corp.

Ruling: 
Payments made by a debtor under the terms of a premium financing agreement was deemed as an extemporaneous exchange for new value without need of the cancellation of the policy. (Bankr. W.D. Mo.)
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Commercial case opionion summary, case decided on July 19,2017, LexisNexis #0817-106

Thornton, In re

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.)
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Consumer case opionion summary, case decided on June 28,2017, LexisNexis #0817-022

Gregory, In re

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.)
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Consumer case opionion summary, case decided on June 14,2017, LexisNexis #0717-068

Homes, In re--McClammer v. Homes

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.)
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Consumer case opionion summary, case decided on May 04,2017, LexisNexis #0717-012

Williams, In re

Ruling: 
Plan confirmation was denied as debtor's plan was not proposed on good faith. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on May 15,2017, LexisNexis #0617-083

Lake Lotawana Cmty. Improvement Dist., In re

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.)
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Commercial case opionion summary, case decided on May 11,2017, LexisNexis #0617-047

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