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eastern district of missouri

Fawcett, In re--Missouri v. Fawcett

Ruling
State met its burden in showing defendant committed an unfair practice under state law because he should have known of the company's financial demise when making representations to consumers. (Bankr. E.D. Mo.)
Issue(s)
Exceptions to Discharge.

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Consumer opinion summary, case decided on October 22, 2024 , LexisNexis #0125-009

Coffer, In re

Ruling
Court ruled commercial real estate was not part of debtor's bankruptcy estate as debtor'sinterest was limited to LLC membership and not LLC's assets, despite LLC dissolution. (Bankr.E.D. Mo.)
Issue(s)
Property of the Estate.

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Consumer opinion summary, case decided on July 17, 2024 , LexisNexis #0924-038

JC Farms, LLC, In re

Ruling
Late-filed claim allowed in Chapter 12 case where creditor did not receive notice of claims bardate. (Bankr. E.D. Mo.)
Issue(s)
Filing Proof of Claim or Interest; Time for Filing; Notice to Creditor at Foreign

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Commercial opinion summary, case decided on July 09, 2024 , LexisNexis #0924-049

Childers, In re--Barklage v. Childers

Ruling
Court dismissed creditor's non-dischargeability claims for lack of factual allegations showingdebtors' fraudulent intent and failure to specify written financial statements relied upon.(Bankr. E.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.

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Consumer opinion summary, case decided on May 31, 2024 , LexisNexis #0824-013

Lovett, In re

Ruling
Deadline to file a complaint seeking to except a debt from discharge had passed and it couldnot be extended after the fact. (Bankr. E.D. Mo.)
Issue(s)
Exceptions to Discharge; Automatic Discharge of Certain Debts Absent Creditor

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Consumer opinion summary, case decided on May 21, 2024 , LexisNexis #0724-090

Baur, In re

Ruling
Court could not conclude that law firm’s inaccurate description of its services equated to amisrepresentation. (Bankr. E.D. Mo.)
Issue(s)
Restrictions on Debtor Relief Agencies; Restricted Actions; Misrepresentations.

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Consumer opinion summary, case decided on March 29, 2024 , LexisNexis #0624-010

Rivas, In re

Ruling
Co-debtor was appointed as guardian ad litem for a debtor solely for the purposes of thebankruptcy case. (Bankr. E.D. Mo.)
Issue(s)
Who May Be a Debtor.

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Consumer opinion summary, case decided on December 12, 2023 , LexisNexis #0224-001

Robert J. Ambruster, Inc., In re

Ruling
Court refused to reconsider the trustee fee order as the motion failed to present any newevidence or meet the required standard for presenting new evidence. (Bankr. E.D. Mo.)
Issue(s)
New Trials; Amendment of Judgments.

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Commercial opinion summary, case decided on September 01, 2023 , LexisNexis #1023-075

Perry, In re--Perry v. Perry

Ruling
Judgment debt was excepted from discharge as all elements of the claim had been established in small claims litigation or conceded in the current proceeding. (Bankr. E.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts in Connection with Divorce or Separation.

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Consumer opinion summary, case decided on May 12, 2023 , LexisNexis #0723-010

Shoults, In re

Ruling
Debtors were not allowed to exempt an unliquidated, contingent cause of action where the state had opted out of the federal scheme and not announced any new exemptions. (Bankr. E.D. Mo.)
Issue(s)
Exemptions; Types of Exempt Property.

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Consumer opinion summary, case decided on March 31, 2023 , LexisNexis #0523-086