- 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).
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- 11 U.S.C.
In re Finn
Nov
05
2012
Ruling
Case dismissed for bad faith where debtor's partner transferred house to debtor after dismissal of partner's chapter 13 case without consideration.
Procedural posture
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.
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Moore v. J&M Sec. LLC (In re Moore)
Oct
11
2012
Ruling
Judicial lien avoided to the extent impairing debtor's homestead exemption.
Procedural posture
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.
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Mungenast v. Darr (In re Darr)
Mar
20
2012
Ruling
Nondisclosure of post-asset sale income was not grounds for denial of discharge absent intent to hinder, delay or defraud.
Procedural posture
Plaintiff lessor filed a complaint against defendant chapter 7 debtor, objecting to the debtor's discharge pursuant to 11 U.S.C.S. § 727(a).
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- 11 U.S.C.
Conway v. Heyl (In re Heyl)
Feb
13
2012
Ruling
Debt was nondischargeable due to misrepresentations regarding investment in real estate development on which creditor justifiably relied.
Procedural posture
Plaintiff creditors filed a complaint against chapter 7 debtors seeking a determination that a debt was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A).
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In re Wellington
Feb
09
2012
Ruling
Case dismissed for abuse after excluding deduction for 401(k) loan payments.
Procedural posture
The U.S. Trustee (UST) filed a motion to dismiss a chapter 7 debtor's case pursuant to 11 U.S.C.S. §§ 707(b)(1) and 707(b)(3).
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Court
:
- 11 U.S.C.
Davis v. Bonewicz
Nov
18
2011
Ruling
Motion to dismiss for failure to disclose cause of action in schedules denied as premature.
Procedural posture
Defendant filed a motion to dismiss in plaintiff"s action, which alleged various violations of the Fair Debt Collection Practices Act, 15 U.S.C.S. § 1692 et seq., and the Telephone Consumer Protection Act, 47 U.S.C.S. § 227 et seq.
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- 11 U.S.C.
Sun Sec. Bank v. Rohe (In re Rohe)
Oct
18
2011
Ruling
Failure to disclose ownership of guns or transfer more than one year prior to petition date was not grounds for revocation of discharge.
Procedural posture
Creditor filed a complaint against chapter 7 debtors seeking a revocation of their discharge pursuant to 11 U.S.C.S. § 727(d)(1).
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- 11 U.S.C.
Housing Auth. of St. Louis County v. White (In re White)
Oct
03
2011
Ruling
Debt owed for excess rental assistance was excepted from discharge.
Procedural posture
Plaintiff, a county housing authority, sought a determination that a debt owed by defendant, a Chapter 7 debtor, for excess rental assistance was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(B). The housing authority filed a motion for summary judgment.
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:
- 11 U.S.C.
Windows Off Wash. LLC v. Callahan (In re Callahan)
Oct
03
2011
Ruling
Wedding catering fees paid with check on which debtor later stopped payment were nondischargeable.
Procedural posture
A creditor in a Chapter 13 bankruptcy case sought a determination that its debt was non-dischargeable under 11 U.S.C.S. § 523(a)(2)(A) and that it was entitled to interest and attorneys fees under the terms of the contract with the debtors.
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