Annual Spring Meeting | April 11-14 | Washington, D.C. Register Today View Schedule

Missouri

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

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

In re Gee

A putative bankruptcy debtor filed a bankruptcy petition and a certification of exigent circumstances in support of a request for waiver of the requirement under 11 U.S.C. § 109 that the debtor obtain debt counseling prior to filing her petition. The certification of exigent circumstances was denied, and the debtor moved to vacate the order rejecting the certification.
Ruling: 
Debtor was ineligible to be a debtor despite exigent circumstances since the debtor failed to request credit counseling services prior to filing.
ABI Membership is required to access the full summary of In re Gee. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Wash. Mut. Bank F.A. v. Sommerville (In re Sommerville)

Plaintiff, a servicer for a prior lien holder, alleged that it filed a corporate deed of release in error and that defendant debtor's note has not been paid in full. The servicer sought to have the deed of release set aside and the deed of trust reinstated. The debtor and defendant trustee opposed reinstatement of the deed of trust as violating 11 U.S.C. § 544(a). The parties filed cross-motions for summary judgment.
Ruling: 
Lien holder was barred by automatic stay from correcting the lien holder's mistaken release of debtor since filing established the trustee as a hypothetical lien creditor senior to the lien holder.
ABI Membership is required to access the full summary of Wash. Mut. Bank F.A. v. Sommerville (In re Sommerville). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Jamrose v. DAmato (In re DAmato)

Defendant debtors filed a voluntary petition for relief under chapter 7 of the Code. Plaintiff creditors filed an adversary proceeding to have the debtors'debt to the creditors, and others similarly situated, deemed nondischargeable under 11 U.S.C. § 523(a)(6) (2002). The creditors filed a motion for summary judgment under Fed. R. Bankr. P. 7056.
Ruling: 
Debt was deemed nondischargeable where the debtors had willfully and maliciously caused injury to the creditor customers by using fraudulent marketing efforts.
ABI Membership is required to access the full summary of Jamrose v. DAmato (In re DAmato). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Missouri