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Missouri

In re Johnson

Ruling: 
Social Security income could not be considered in evaluating motion for totality of circumstances dismissal.
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Consumer case opionion summary, case decided on February 28,2014, LexisNexis #0314-128

Bailey v. Digirolamo (In re Digirolamo)

Ruling: 
Judgment for battery was nondischargeable.
ABI Membership is required to access the full summary of Bailey v. Digirolamo (In re Digirolamo). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 17,2014, LexisNexis #0214-068

Kraus Anderson Capital Inc. v. Donohue (In re Donohue)

Ruling: 
Debt was dischargeable as to debtor spouse given evidence spouse was not actually involved in fraud.
ABI Membership is required to access the full summary of Kraus Anderson Capital Inc. v. Donohue (In re Donohue). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 03,2014, LexisNexis #0214-020

In re Wyatt & McAlister PLLC

Ruling: 
Lawyer sanctioned for continuing to litigate issue of ability to file petition on behalf of professional LLC which only other member opposed.
ABI Membership is required to access the full summary of In re Wyatt & McAlister PLLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on November 07,2013, LexisNexis #1213-069

Schlueter v. Caldwell (In re Caldwell)

Ruling: 
Debt relating to sale of membership interest in LLC that qualified as a security was nondischargeable.
ABI Membership is required to access the full summary of Schlueter v. Caldwell (In re Caldwell). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 25,2013, LexisNexis #1113-123

Cobb v. Clampitt (In re Clampitt)

Ruling: 
Debt for wrongful death was dischargeable absent sufficient evidence under state law.
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Consumer case opionion summary, case decided on October 15,2013, LexisNexis #1113-014

In re Satnam Lodging LLC

The court entered an order requiring chapter 11 debtor's former attorney to disgorge, within 14 days, the sum of $5,000, representing the amount of fees she had disclosed she had been paid at that point. Thereafter, the United States Trustee filed a subsequent motion to disgorge fees because the Trustee had learned that the attorney had received fees in addition to the $5,000 previously disclosed.
Ruling: 
Debtor's former attorney ordered to disgorge additional, undisclosed fees in wake of prior order for disgorgement of disclosed fees.
ABI Membership is required to access the full summary of In re Satnam Lodging LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on July 16,2013, LexisNexis #0813-040

US Bank Natl Assn v. Petro Commer. Servs. (In re Interstate Bakeries Corp.)

Plaintiff trustee filed an adversary proceeding against defendants creditor seeking to recover a portion of $412,240 in allegedly preferential transfers that the debtor made to the creditor in the 90 days before the debtor's bankruptcy petition date. The matter proceeded to trial on the creditor's former 11 U.S.C.S. § 547(c)(2) and (c)(4) defenses.
Ruling: 
Ordinary course of business defense failed due to failure of testimony to provide objective evidence of payment practices in honey brokerage industry.
ABI Membership is required to access the full summary of US Bank Natl Assn v. Petro Commer. Servs. (In re Interstate Bakeries Corp.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on June 17,2013, LexisNexis #0713-057

In re Patriot Coal Corp.

The matter before the court was the motion to reject collective bargaining agreements (CBA) and to modify retiree benefits pursuant to 11 U.S.C.S. §§ 1113, 1114 and one stakeholder's objection to the motion to reject collective bargaining agreements and to modify retiree benefits pursuant to 11 U.S.C.S. §§ 1113 and 1114.
Ruling: 
Debtor allowed to reject collective bargaining agreements and modify benefits as necessary condition to survival.
ABI Membership is required to access the full summary of In re Patriot Coal Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 29,2013, LexisNexis #0713-028

In re Patriot Coal Corp.

Debtors filed voluntary petitions for relief under chapter 11 of the Bankruptcy Code. The debtors filed a motion for authority to implement compensation plans, seeking the court's approval of its proposed compensation plans which contained an annual incentive plan (AIP) and a critical employee retention plan (CERP).
Ruling: 
Debtor granted authority to implement annual incentive plan and critical employee retention plan.
ABI Membership is required to access the full summary of In re Patriot Coal Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 16,2013, LexisNexis #0613-083

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