Missouri

Albee v. U.S. Dept of Educ. (In re Albee)

Plaintiff debtor filed an adversary proceeding against defendant creditor to determine the dischargeability of certain student loan obligations pursuant to 11 U.S.C. § 523(a)(8).
Ruling: 
Debtor was granted undue hardship discharge of student loan debt since the debtor's current level of income and earnings potential would not permit the debtor to make minimum payments.
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In re Robinson

Debtor filed a voluntary chapter 13 bankruptcy petition. Before the court were Objections to Confirmation of two creditors.
Ruling: 
Court ruled that the debtor could modify the interest rates that secured creditors received in a chapter 13 case.
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Bender v. Van Ru Credit Corp. (In re Bender)

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.
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.
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In re Kuecker Equip. Co.

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.
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.
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Dahmer v. United States (In re Dahmer)

Plaintiff chapter 7 debtors filed an adversary proceeding pursuant to 11 U.S.C. § 523(a)(1) against defendants, the United States and the State of Missouri Department of Revenue ("MDOR"), seeking a declaratory judgment that any tax debt owed for the 1987 tax year was dischargeable and that any liens associated with that tax debt should be avoided or should attach only to the debtors'property as of the date of their bankruptcy filing.
Ruling: 
Debtors'additional federal tax assessment was dischargeable even though the debtors did not file an amended tax return since a state statute requiring a taxpayer to report federal tax assessment changes did not mean the taxpayer had to file an amended tax return.
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In re Heerlein

Debtor moved to avoid judicial lien pursuant to 11 U.S.C. § 522(f) and for release of garnished wages.
Ruling: 
Debtor could not avoid a judicial lien since the debtor lost an interest in the garnished wages when the prepetition wage garnishment order was entered.
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In re Ward

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).
Ruling: 
Social security income excluded from calculation of disposable income.
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Missouri ex rel. Nixon v. Foster (In re Foster)

In consolidated adversary proceedings, motions for partial summary judgment were filed on certain of the claims asserted in the complaints filed by plaintiffs, state, an individual, and the trustee, for denial of discharge to debtors and defendants debtors, pursuant to 11 U.S.C. § 727(a)(3), (a)(4)(A), (a)(5) and (a)(6)(A).
Ruling: 
Debtors were denied a discharge since they knowingly and fraudulently failed to disclose or correct numerous material omissions or to comply with a court order to produce documents.
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In re Nuttall

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).
Ruling: 
Debtors were granted a waiver of the filing fee based on a review of their income.
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In re Talib

Pursuant to 11 U.S.C. § 109(h)(3), a chapter 13 debtor filed a certification of exigent circumstances and a motion to waive debt counseling prior to filing.
Ruling: 
Debtor's motion to waive pre-filing debt counseling requirement was denied since she did not establish exigent circumstances.
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