- 11 U.S.C.
Brown v. Link (In re Link)
Sep
25
2015
Ruling
Loan debt incurred by debtor in order to pay off sales tax liability on restaurant as prerequisite to purchase was nondischargeable.
Issue(s)
Was loan debt incurred to pay off sales liability as required prior to purchasing a restaurant nondischargeable?
ABI Membership is required to access the full summary of Brown v. Link (In re Link) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Phillips 66 Co. v. Miltenberger (In re Miltenberger)
Sep
22
2015
Ruling
Nondischargeability proceeding dismissed due to creditor's failure to plead necessary elements of fraud claim with particularity.
Issue(s)
Should nondischargeability proceeding be dismissed due to failure to particularly plead necessary elements of fraud?
ABI Membership is required to access the full summary of Phillips 66 Co. v. Miltenberger (In re Miltenberger) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Austin
Sep
18
2015
Ruling
Debtors' objection to IRS proof of claim for workers compensation debt overruled due to inability to rebut prima facie value.
Issue(s)
Whether the value of debtor's unliquidated Worker's Compensation Claims should be excluded from consideration in the valuation of the IRS's secured claim, or alternatively, if the Worker's Compensation Claims should be valued at $0.
ABI Membership is required to access the full summary of In re Austin Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Story
Aug
11
2015
Ruling
Non-debtor spouse's waiver did not affect spouse's exemption in entireties property.
Issue(s)
Whether non-debtor spouse's execution of a waiver precludes debtor's claim of exemption in entireties property?
ABI Membership is required to access the full summary of In re Story Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Caldwell v. Dewoskin
Jun
27
2014
Ruling
Court barred from considering alleged stay violations by Rooker-Feldman doctrine due to state court's prior orders.
Issue(s)
Could bankruptcy court consider whether the automatic stay applied to creditors' attempts to enforce the debtor's obligations in the state court's previous orders where the issue was thoroughly presented and argued before the state court and the state court decided that issue?
ABI Membership is required to access the full summary of Caldwell v. Dewoskin Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Sailor Music v. Walker (In re Walker)
Apr
18
2014
Ruling
Judgment debt for copyright violation was nondischargeable.
Issue(s)
Was judgment debt for copyright violations due to debtor bar manager's allowance of unlicensed public music performances nondischargeable?
ABI Membership is required to access the full summary of Sailor Music v. Walker (In re Walker) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Cobb v. Clampitt (In re Clampitt)
Oct
15
2013
Ruling
Debt for wrongful death was dischargeable absent sufficient evidence under state law.
Issue(s)
Was debt resulting from wrongful death allegedly caused by debtor driving under the influence nondischargeable.
ABI Membership is required to access the full summary of Cobb v. Clampitt (In re Clampitt) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Patriot Coal Corp.
May
29
2013
Ruling
Debtor allowed to reject collective bargaining agreements and modify benefits as necessary condition to survival.
Procedural posture
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.
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
Court
:
- 11 U.S.C.
In re Patriot Coal Corp.
May
16
2013
Ruling
Debtor granted authority to implement annual incentive plan and critical employee retention plan.
Procedural posture
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).
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
Court
:
- 11 U.S.C.
In re McIntosh
Nov
30
2012
Ruling
Plan confirmed after deletion of language that differed from that in model plan.
Procedural posture
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).
ABI Membership is required to access the full summary of In re McIntosh Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: