Thornton, In re
Jun
28
2017
Ruling
Debtor has not made "all payments under the plan" when she had failed to make her ongoingpostpetition mortgage payments outside the plan. (Bankr. W.D. Mo.)
Issue(s)
Discharge; Full-Compliance Discharge.
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Court
:
- 11 U.S.C.
Gregory, In re
Jun
14
2017
Ruling
Debtor was not required to surrender property to a creditor where debtor's expression ofintention was mere relinquishment and not surrendering the property. (Bankr. W.D. Mo.)
Issue(s)
Debtor's Duties; Required Acts; Where Individual Debtor’s Debt is Secured by Property of the Estate; Statement of Intention.
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Court
:
- 11 U.S.C.
Williams, In re
May
15
2017
Ruling
Plan confirmation was denied as debtor's plan was not proposed on good faith. (Bankr. W.D. Mo.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Proposed in Good Faith.
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Court
:
- 11 U.S.C.
Lake Lotawana Cmty. Improvement Dist., In re
May
11
2017
Ruling
Debtor's motion to close case granted as the plan has already expired and the court had nothing left to manage. (Bankr. W.D. Mo.)
Issue(s)
Continuing Jurisdiction and Closing of the Case.
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Court
:
- 11 U.S.C.
Homes, In re--McClammer v. Homes
May
04
2017
Ruling
Debt was nondischargeable as the debtor commited actual fraud in misrepresenting with theintent to deceive and creditor relied in the debtor's representations. (Bankr. W.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
- 11 U.S.C.
United States DOL v. Harris (In re Harris)
Jan
06
2017
Ruling
Bankruptcy court did not err in concluding that debtor breached his Employee RetirementIncome Security Act fiduciary duty when he decided not to remit the employee withholdingsand instead used those assets to pay corporate creditors and personal expenses. (B.A.P. 8th Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Hutsler
Dec
19
2016
Ruling
Debtors' chapter 13 plan could not be confirmed because it modifies its secured claim inviolation of anti-modification provision regarding residential mortgages.(Bankr. W.D. Mo.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
- 11 U.S.C.
In re Boston
Dec
02
2016
Ruling
Gap insurance and service contract could be considered part of car lender’s secured claim forcramdown purposes. (Bankr. W.D. Mo.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation of Creditor’s Interest.
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Court
:
Paulson v. McDermott (In re Paulson)
Nov
17
2016
Ruling
Bankruptcy court did not clearly err in denying debtor's motion to reinstate dismissed chapter13 case and denying motion to reconsider. (B.A.P. 8th Cir.)
Issue(s)
Conversion or Dismissal; For Cause.
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Court
:
Judge or Jurisdiction information not available
United States Tr. v. Salazar (In re Salazar)
Nov
10
2016
Ruling
Discharge denied due to debtor’s failure to declare gambling losses or amount of cash on handon petition date. (Bankr. W.D. Mo.)
Issue(s)
Discharge; Grounds for Denial.
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Court
: