Skip to main content

Page Banner(Taxonomy)

judge dow

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.

ABI Membership is required to access the full summary of Reichel, In re--Reichel v. Jensen-Carter Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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.

ABI Membership is required to access the full summary of Mixson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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

Gibbs, In re--Casamatta v. Gibbs

Ruling
Debt was not nondischargeable where the evidence supported a lack of fraudulent intent toomit information or make a false oath. (Bankr. W.D. Mo.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property.

ABI Membership is required to access the full summary of Gibbs, In re--Casamatta v. Gibbs Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 13, 2022 , LexisNexis #0622-042

Racing Servs., In re--North Dakota v. Bala

Ruling
Bankruptcy court did not err in sustaining a creditor's objection to an insufficiently describedstatutory claim filed by state seeking to prevent the creditor and the debtor from retainingsettlement proceeds. (B.A.P. 8th Cir.)
Issue(s)
Distribution of Property of the Estate.

ABI Membership is required to access the full summary of Racing Servs., In re--North Dakota v. Bala Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on November 04, 2021 , LexisNexis #0222-091

Knoblock, In re

Ruling
Personal injury suit filed against debtors for purposes of seeking recovery from debtors’insurer did not violate the discharge injunction. (Bankr. W.D. Mo.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to

ABI Membership is required to access the full summary of Knoblock, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 02, 2021 , LexisNexis #0521-067

Dille, In re

Ruling
Counsel's request for additional attorneys fees was granted in part because of debtor'smisconduct in failing to disclose income and assets. (Bankr. W.D. Mo.)
Issue(s)
Compensation of Officers; Determination of Amount.

ABI Membership is required to access the full summary of Dille, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 08, 2021 , LexisNexis #0421-077

Racing Servs., In re--North Dakota ex rel. Stenehjem v. Bala

Ruling
Bankruptcy court erred in ruling that claim assigned to the state was barred by laches aslaches did not apply to tardily-filed claims that were filed in time to permit distribution.(B.A.P. 8th Cir.)
Issue(s)
Distribution of Property of the Estate; Order of Distribution.

ABI Membership is required to access the full summary of Racing Servs., In re--North Dakota ex rel. Stenehjem v. Bala Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on September 16, 2020 , LexisNexis #1020-090

Reed, In re--Bitner v. Reed

Ruling
Guardian ad litem fees excepted from discharge where debt relating to amounts owed toplaintiff were in the nature of a child support obligation. (Bankr. W.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.

ABI Membership is required to access the full summary of Reed, In re--Bitner v. Reed Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 05, 2020 , LexisNexis #0620-089

Ely, In re

Ruling
Motion to dismiss debtor's Chapter 13 bankruptcy case was granted as debtor had presentedno evidence of bad faith on the creditor's part, nor of prejudice he had suffered as a result ofthe timing of the motion. (Bankr. W.D. Mo.)
Issue(s)
Conversion or Dismissal.

ABI Membership is required to access the full summary of Ely, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 29, 2020 , LexisNexis #0620-099

Jones, In re

Ruling
State administrative determination of overpayment of state employment benefits hadcollateral estoppel effect and resulting debt was excepted from discharge. (Bankr. W.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

ABI Membership is required to access the full summary of Jones, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 23, 2019 , LexisNexis #1119-038