Judge Mahoney

Asbury v. Alliant Bank (In re Asbury)

Appellant bankruptcy debtor withdrew a motion to voluntarily dismiss his case and instead filed a written waiver of his right to a discharge under 11 U.S.C.S. § 727(a)(10), to which appellee creditors objected. The debtor appealed the order of the bankruptcy court for the Western District of Missouri which denied approval of the waiver.
Ruling: 
Order denying debtor's notice for waiver of discharge in best interests of creditors affirmed.
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Consumer case opionion summary, case decided on February 09,2010, LexisNexis #0410-022

In re Bender Shipbuilder & Repair Co.

This matter was before the court on the motion of the debtor for entry of an order approving proposed bidding procedures for submission and acceptance of competing bids for the sale and, as applicable, the assumption and assignment, of certain assets of the debtor and, under certain circumstances, payment of a break-up fee in the amount of $ 800,000.
Ruling: 
Debtor's proposed bidding procedures for sale of assets approved.
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Commercial case opionion summary, case decided on December 30,2009, LexisNexis #0310-008

Bank of Bennington v. Thomas (In re Thomas)

Plaintiff bank brought an adversary proceeding against debtors husband and wife, seeking to deny the husband a discharge under 11 U.S.C.S. § 727(a)(2), (3), (4), (5), (6), and (7), and that the obligation on promissory notes and guarantees executed by him to the bank should not be discharged under 11 U.S.C.S. § 523(a)(2), (4) and (6).
Ruling: 
Discharge denied due to debtor's failure to disclose tax return, settlement proceeds and business income.
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Consumer case opionion summary, case decided on September 21,2009, LexisNexis #1009-054

In re Goreham

The chapter 7 trustee filed an objection to debtor's exemptions.
Ruling: 
Debtor could claim exemption in funds that were the subject of preferential transfer.
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Consumer case opionion summary, case decided on September 16,2009, LexisNexis #1109-024

Qualia Clinical Servs. v. Inova Capital Funding LLC (In re Qualia Clinical Servs.)

Plaintiff debtor filed an amended complaint seeking the avoidance of an allegedly preferential transfer. Defendant moved to dismiss the amended complaint.
Ruling: 
Motion to dismiss preference proceeding where issue of whether subject agreement was for financing or sale of assets was not yet determined.
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Commercial case opionion summary, case decided on September 01,2009, LexisNexis #1009-019

In re M&S Grading Inc.

A debtor filed for relief under chapter 7. A company filed a motion for payment of an administrative expense, pursuant to 11 U.S.C.S. § 503(b). A union and a trustee objected to the motion.
Ruling: 
Claim for funds paid by contractor to union plans upon default by debtor subcontractor was not entitled to administrative expense priority.
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Commercial case opionion summary, case decided on June 25,2009, LexisNexis #0809-067

In re M&S Grading Inc.

The matter came before the court on a motion by a union to require a trustee and a debtor in possession to provide a report to the court showing payments to employees, the deductions for taxes required to be withheld or paid for and on behalf of employees, and the place where the amounts were paid or deposited, under Fed. R. Bankr. P. 2015(a)(3) and 11 U.S.C.S. § 1106(a)(3).
Ruling: 
Union's motion for report showing payments made by converted chapter 7 debtor with funds withheld for taxes denied due to trustee's inability to recover payments.
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Commercial case opionion summary, case decided on June 25,2009, LexisNexis #0809-069

Fee v. Eccles (In re Eccles)

Debtors challenged a judgment entered by the bankruptcy court for the Western District of Missouri which determined that a debt owed to appellee creditors was non- dischargeable under 11 U.S.C.S. § 523(a)(2)(A) as having been incurred as a result of actual fraud.
Ruling: 
Bankruptcy court properly held debt to be nondischargeable based on debtor's false representations regarding use of loan proceeds.
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Consumer case opionion summary, case decided on June 08,2009, LexisNexis #0709-084

In re Childers

The debtor filed for relief under chapter 7. The United States trustee filed a motion to dismiss the case, pursuant to 11 U.S.C.S. § 707(b)(3), asserting that the granting of relief under the chapter would be an abuse under the totality of the circumstances.
Ruling: 
Trustee's motion for abuse dismissal denied where vehicles owned by non-debtor spouse could not be factored into consideration.
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Consumer case opionion summary, case decided on May 20,2009, LexisNexis #0709-058

In re McGowan

After debtors sought confirmation for their amended chapter 12 plan, it was asserted that the plan could not be confirmed because it proposed payment of unsecured claims over a 10 year period in spite of contrary provisions in 11 U.S.C.S. § 1222(c). Other objections were also asserted.
Ruling: 
Confirmation of chapter 12 plan denied due to term of ten years rather than the requisite five years.
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Consumer case opionion summary, case decided on March 23,2009, LexisNexis #0509-129

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