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Missouri

Smith v. Davenport (In re Davenport)

The matter before the court for decision was the Complaint Objecting to Dischargeability of Debt Pursuant to 11 U.S.C.S. § 523 filed by plaintiffs, creditors (house purchasers), against defendants, debtors (sellers).
Ruling: 
Debt was dischargeable as creditors could not prove damages resulted from debtor's fraud.
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Consumer case opionion summary, case decided on May 02,2013, LexisNexis #0513-120

Gargula v. Bisges (In re Clink)

United States Trustee ("UST") filed a motion seeking an order which required respondent attorney to disgorge fees he received from a Chapter 7 debtor, imposed sanctions on the attorney based on alleged violations of 11 U.S.C.S. § 707(b)(4), and referred the attorney to the U.S. District Court for the Western District of Missouri for disciplinary action. The court held a hearing on the UST's motion.
Ruling: 
Attorney sanctioned and ordered to disgorge fees due to failure to enter into written contract with debtor or conduct reasonable investigation.
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Consumer case opionion summary, case decided on April 23,2013, LexisNexis #0513-061

In re Keifert

The chapter 7 trustee objected to exemptions claimed by debtors under California law because, he asserted, debtors were domiciled in Missouri for the relevant time period and had to claim Missouri exemptions under 11 U.S.C.S. § 522(b)(3)(A).
Ruling: 
Debtor domiciled in filing state for 730 days prior to petition date could not claim out of state exemptions based on periodic military service.
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Consumer case opionion summary, case decided on March 22,2013, LexisNexis #0413-120

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

The trustee of the creditor's trust moved for partial summary judgment in its adversary action to avoid and recover $412,240.00 in allegedly preferential transfers, under 11 U.S.C.S. § 547(b), made by the debtor to defendant transferee in the 90 days before the debtor's bankruptcy petition date.
Ruling: 
Payments made within preference period enabling transferee to receive more than in a chapter 7 case could be avoided.
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Commercial case opionion summary, case decided on December 19,2012, LexisNexis #0113-035

In re McIntosh

Both debtor and the chapter 13 trustee objected to confirmation of debtor's second amended chapter 13 Plan. Issues included whether the plan was properly confirmed despite the court's ordered deletion, based on the trustee's objection thereto, of language that debtor had added to Paragraph 10 of the court's model chapter 13 plan, adopted per Bankr. E.D. Mo. R. 3015-3(A) (Rule).
Ruling: 
Plan confirmed after deletion of language that differed from that in model plan.
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Consumer case opionion summary, case decided on November 30,2012, LexisNexis #1212-132

In re Finn

The servicer on a mortgage that encumbered residential property asked the court to dismiss a chapter 13 case filed by debtor on a finding of bad faith per 11 U.S.C.S. § 1307 or , in the alternative, to grant relief from stay so that movant could enforce rights under the mortgage and related agreements. The issue was whether the totality of the circumstances relating to the case bespoke of bad faith sufficient to justify dismissal.
Ruling: 
Case dismissed for bad faith where debtor's partner transferred house to debtor after dismissal of partner's chapter 13 case without consideration.
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Consumer case opionion summary, case decided on November 05,2012, LexisNexis #1212-028

Moore v. J&M Sec. LLC (In re Moore)

A chapter 13 debtor sought to avoid the judicial lien of respondent creditor in its entirety under 11 U.S.C.S. § 522(f). The creditor objected, but the holder of a junior consensual lien supported the motion.
Ruling: 
Judicial lien avoided to the extent impairing debtor's homestead exemption.
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Consumer case opionion summary, case decided on October 11,2012, LexisNexis #1112-047

In re Prospect Studios LP

A law firm, as counsel for the debtor, filed an application for allowance of compensation for services rendered and for reimbursement of expenses incurred for a certain period. A creditor of the debtor objected.
Ruling: 
Fee application approved over creditor's objection to payment from retainer funded by rents in which creditor's security interest was not perfected.
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Commercial case opionion summary, case decided on August 24,2012, LexisNexis #0912-112

In re Alexander

Within days before filing their bankruptcy petition, bankruptcy debtors obtained a relatively small loan secured by the debtors' vehicle, and the debtors claimed a vehicle expense deduction based on the loan which reduced their disposable income to zero. The bankruptcy trustee moved to deny confirmation of the debtors' plan which proposed to pay nothing to unsecured creditors.
Ruling: 
Confirmation denied due to improper vehicle ownership expense and lack of good faith.
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Consumer case opionion summary, case decided on August 01,2012, LexisNexis #0812-097

Hamilton v. Green (In re Green)

Plaintiffs, a member of an LLC in which debtor was also a member and the LLC itself sued for a determination that debts allegedly owed to them by defendant debtor were nondischargeable per 11 U.S.C.S. § 523(a)(4) on claims that debtor had used LLC funds to pay personal expenses and had also committed embezzlement. Issues included whether debtor was a "fiduciary" per Mo. Rev. Stat. § 347.088.3 and Mo. Rev. Stat. § 347.088.4.
Ruling: 
Debt owed to LLC based on debtor member's embezzlement was nondischargeable.
ABI Membership is required to access the full summary of Hamilton v. Green (In re Green). 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 July 25,2012, LexisNexis #0812-050

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