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eastern district of missouri

Cumberworth v. United States Dept of Educ. (In re Cumberworth)

Aug
10
2006
Ruling
Panel affirmed judgment discharging student loan debt due to undue hardship.
Procedural posture

Appellant, the U.S. Department of Education ("DOE"), sought review of a judgment from the Bankruptcy Court for the Northern District of Iowa, which determined that debtor's obligation to the DOE on her student loans was discharged under 11 U.S.C. § 523(a)(8).

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on August 10, 2006 , LexisNexis #0806-130
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In re Lloyd

Feb
17
2006
Ruling
Debtor was granted motion for redemption regarding valuation of debtor's vehicle so that the redemption value was reduced by the costs of repair to body damage to the vehicle.
Procedural posture

The chapter 7 matter was before the court on debtor's Motion for Redemption Pursuant to 11 U.S.C. § 722 and the creditor's response thereto.

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opinion summary, case decided on February 17, 2006 , LexisNexis #0506-135
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Harris v. Boyd G. Montgomery Testamentary Trust (In re Harris)

Feb
15
2006
Ruling
Order granting a lessor's motion to terminate the automatic stay was affirmed since the debtor had been provided with reasonable notice of the motion's hearing.
Procedural posture

Appellant chapter 13 debtor challenged the Bankruptcy Court for Eastern District of Arkansas's order granting appellee lessor's motion to terminate the automatic stay so that it could enforce its state law right to remove the debtor from a nonresidential building.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on February 15, 2006 , LexisNexis #0306-076
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U.S. Bank N.A. v. Young (In re Young)

Jan
12
2006
Ruling
Debtor's lack of subject matter jurisdiction argument based on the debtor's status as a farmer was rejected since section 303(a) of the Code does not provide a jurisdictional challenge but rather an involuntary petition defense, one that the debtor waived by consenting to the petition.
Procedural posture

Defendant debtor appealed from an order of the bankruptcy court granting several of plaintiff creditors'motions for summary judgment, wherein the creditors asserted that debtor was collaterally estopped by a guilty plea from arguing that he did not incur his obligations to them by way of fraud

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on January 12, 2006 , LexisNexis #0106-107
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Wash. Mut. Bank F.A. v. Sommerville (In re Sommerville)

Oct
13
2005
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.
Procedural posture

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.

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opinion summary, case decided on October 13, 2005 , LexisNexis #0106-017
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Jamrose v. DAmato (In re DAmato)

Sep
21
2005
Ruling
Debt was deemed nondischargeable where the debtors had willfully and maliciously caused injury to the creditor customers by using fraudulent marketing efforts.
Procedural posture

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.

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opinion summary, case decided on September 21, 2005 , LexisNexis #0106-053
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