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western district of missouri

Pavel, In re--Walton v. Pavel

Ruling
Debtor's claim was nondischargeable as debtor made false representations about the car'scondition. (Bankr. W.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on July 10, 2024 , LexisNexis #0924-034

Arregui, In re--Fink v. Arregui

Ruling
Transfer was actually fraudulent as made by debtors with the intent to hinder, delay, ordefraud their creditors. (Bankr. W.D. Mo.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Consumer opinion summary, case decided on September 22, 2023 , LexisNexis #1123-092

Caswell, In re

Ruling
Certain attorney fees incurred in connection with the representation of a mortgage creditor in a Chapter 13 case in which a mortgage was in default were allowed as reasonable. (Bankr. W.D. Mo.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.

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Consumer opinion summary, case decided on May 30, 2023 , LexisNexis #0723-056

Swackhammer, In re--Swackhammer v. Swackhammer

Ruling
Court properly approved modification of debtors' plan as they established a substantial change in circumstances due to their inability to meet their crop yield projections due to a delay in financing. (B.A.P. 8th Cir.)
Issue(s)
Modification of Plan After Confirmation.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 23, 2023 , LexisNexis #0723-069

Marsh, In re

Ruling
Proceeds from the post-confirmation sale of debtors’ residence were property of the estate.(Bankr. W.D. Mo.)
Issue(s)
Property of the Estate.

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Consumer opinion summary, case decided on January 17, 2023 , LexisNexis #0323-065

Guitton-Belon, In re--Moyer v. Guitton-Belon

Ruling
Creditor failed to establish that the debtor made a false representation where it failed to showthat the debtor falsely claimed to offer a warranty on his construction company's webpage.(Bankr. W.D. Mo.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on December 01, 2022 , LexisNexis #0223-015

Goetz, In re

Ruling
Debtor's request to compel abandonment of the estate's interest in her residence was denied asits value to the converted Chapter 7 estate included significant post-petition non-exemptequity that was inseparable from the residence. (Bankr. W.D. Mo.)
Issue(s)
Abandonment of Property of the Estate.

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Consumer opinion summary, case decided on November 10, 2022 , LexisNexis #0123-70

Reichel, In re--Reichel v. Jensen-Carter

Ruling
Bankruptcy court did not abuse its discretion by denying debtor's repeated motions to reopenhis case as the underlying purpose was the reversing of his criminal conviction. (B.A.P. 8thCir.)
Issue(s)
Closing and Reopening Cases; When to Reopen.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 28, 2022 , LexisNexis #0123-52

Mixson, In re

Ruling
Bankruptcy court sustained trustee's objection to debtor's exemption for a workerscompensation discrimination claim as it does not cover any recovery under a retaliationlawsuit. (Bankr. W.D. Mo.)
Issue(s)
Allowance of Claims or Interests.

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Consumer opinion summary, case decided on August 18, 2022 , LexisNexis #1022-026

Rosema, In re

Ruling
Court approved settlement agreement between the U.S. Trustee and debtors' attorneys overattorneys' fees. (Bankr. W.D. Mo.)
Issue(s)
Requirements For Debt Relief Agencies.

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Consumer opinion summary, case decided on July 08, 2022 , LexisNexis #0822-092