Title

Jurisdiction

Decided date

Filing type

11 U.S.C.
- § 522
- § 522(f)

In re Heerlein

Jan

2006

Ruling

Debtor could not avoid a judicial lien since the debtor lost an interest in the garnished wages when the prepetition wage garnishment order was entered.

Procedural posture

Debtor moved to avoid judicial lien pursuant to 11 U.S.C. § 522(f) and for release of garnished wages.

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

Court :

Western District of Missouri ( Judge Dow ) [ Bankruptcy Court ]

opinion summary, case decided on January 17, 2006 , LexisNexis #0206-108

LexisNexis Article

Learn More

11 U.S.C.
- § 101
- § 101(10A)

In re Ward

Jan

2006

Ruling

Social security income excluded from calculation of disposable income.

Procedural posture

The debtor filed for bankruptcy relief under chapter 13 and submitted a proposed plan. The trustee objected to the plan, asserting that the debtor was not going to pay all of her projected disposable income into the plan during the applicable commitment period as required by 11 U.S.C. § 1325(b).

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

Court :

Western District of Missouri ( Judge Federman ) [ Bankruptcy Court ]

opinion summary, case decided on January 07, 2006 , LexisNexis #0207-036

LexisNexis Article

Learn More

11 U.S.C.

Missouri ex rel. Nixon v. Foster (In re Foster)

Jan

2006

Ruling

Debtors were denied a discharge since they knowingly and fraudulently failed to disclose or correct numerous material omissions or to comply with a court order to produce documents.

Procedural posture

In consolidated adversary proceedings, motions for partial summary judgment were filed on certain of the claims asserted in the complaints filed by plaintiffs, state, an individual, and the trustee, for denial of discharge to debtors and defendants debtors, pursuant to 11 U.S.C. § 727(a)(3), (a)(4)(A), (a)(5) and (a)(6)(A).

ABI Membership is required to access the full summary of Missouri ex rel. Nixon v. Foster (In re Foster) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :

Western District of Missouri ( Judge Dow ) [ Bankruptcy Court ]

opinion summary, case decided on January 05, 2006 , LexisNexis #0306-030

LexisNexis Article

Learn More

28 U.S.C.
- § 1930
- § 1930(f)

In re Nuttall

Dec

2005

Ruling

Debtors were granted a waiver of the filing fee based on a review of their income.

Procedural posture

Debtors, a husband and wife, filed an application for waiver of the chapter 7 filing fee for individuals who could not pay the filing fee in full or in installments pursuant to 28 U.S.C. § 1930(f).

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

Court :

Western District of Missouri ( Judge Federman ) [ Bankruptcy Court ]

opinion summary, case decided on December 27, 2005 , LexisNexis #0206-097

LexisNexis Article

Learn More

11 U.S.C.

In re Talib

Dec

2005

Ruling

Debtor's motion to waive pre-filing debt counseling requirement was denied since she did not establish exigent circumstances.

Procedural posture

Pursuant to 11 U.S.C. § 109(h)(3), a chapter 13 debtor filed a certification of exigent circumstances and a motion to waive debt counseling prior to filing.

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

Court :

Western District of Missouri ( Judge Dow ) [ Bankruptcy Court ]

opinion summary, case decided on December 01, 2005 , LexisNexis #0106-001

LexisNexis Article

Learn More

11 U.S.C.
- § 109
- § 109(h)

In re Gee

Oct

2005

Ruling

Debtor was ineligible to be a debtor despite exigent circumstances since the debtor failed to request credit counseling services prior to filing.

Procedural posture

A putative bankruptcy debtor filed a bankruptcy petition and a certification of exigent circumstances in support of a request for waiver of the requirement under 11 U.S.C. § 109 that the debtor obtain debt counseling prior to filing her petition. The certification of exigent circumstances was denied, and the debtor moved to vacate the order rejecting the certification.

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

Court :

Western District of Missouri ( Judge Dow ) [ Bankruptcy Court ]

opinion summary, case decided on October 26, 2005 , LexisNexis #0106-036

LexisNexis Article

Learn More

11 U.S.C.

Martens v. Countrywide Home Loans (In re Martens)

Oct

2005

Ruling

Order granting relief from automatic stay was affirmed where the debtor admitted to making no mortgage payments for several months and to having no equity in the property.

Procedural posture

Husband and wife debtors filed for relief under chapter 7. The bankruptcy court granted appellant creditor's motion for relief from the automatic stay with respect to the debtors'real property. Appellant wife (debtor) filed a pro se appeal of that decision; the husband did not join the appeal.

ABI Membership is required to access the full summary of Martens v. Countrywide Home Loans (In re Martens) 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

opinion summary, case decided on October 03, 2005 , LexisNexis #0106-076

LexisNexis Article

Learn More