Bankruptcy Court for the Eastern District of Missouri Court Cases

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  1. In Re Skaggs, Richard & Connie (2006)

    Plaintiff United States Trustee's ("Movant's") Motion to Dismiss Pursuant to 11 707(b)(2) was called and heard on July 17, 2006. Prior to the hearing, Movant filed a brief and Debtors' Counsel filed an amended reply and brief. Having received testimonial and documentary evidence as well as having reviewed the record as a whole, the Court finds that the Movant proved by a preponderance of the evidence that a presumption of abuse exists under 11 U.S.C. § 707(b)(2) in this case as discussed [...]

    Court: Bankruptcy Court for the Eastern District of Missouri Docket: 06-40457-399
  2. In Re Fleming (2006)

    The issue before the Court is the applicable rate of interest to be paid pursuant to a Chapter 13 plan to the holder of a claim secured by a vehicle purchased for personal use within 910 days prior to the bankruptcy filing. The issue has been raised in each of the above-referenced cases. The secured creditors argue that the applicable interest rate should be the rate set forth in the contract covering the financing of the vehicle purchase. The debtors argue that the applicable interest rate [...]

    Court: Bankruptcy Court for the Eastern District of Missouri Docket: 05-61894-659, 05-62267-399, 05-62008-659, 05-62053-399
  3. In Re Trans World Airlines, Inc. (1995)

    When historians look back on the twentieth century, they will no doubt regard powered flight as one of this century's most significant accomplishments. The history of aviation achievements spans the entire century; from the first controlled and sustained flights by Wilbur and Orville Wright at Kitty Hawk, North Carolina in 1903, to the end of the twentieth century where no two major cities on earth are more than 24 hours apart. Growing with the development of aircraft were the airlines which [...]

    Court: Bankruptcy Court for the Eastern District of Missouri Docket: Bankruptcy No. 95-43748-399
  4. In Re Standfuss (2000)

    The trial of this proceeding was conducted on December 16, 1999. At the conclusion of the presentation of the testimony and other evidence, the matter was submitted to the Court upon the record as a whole. This is a core proceeding pursuant to Section 157(b)(2)(l) of Title 28 of the United States Code. The Court has jurisdiction over the parties pursuant to 28 U.S.C. §§ 151, 157, 1334, and Rule 29 of the Local Rules of the United States District Court for the Eastern District of Missouri.

    Court: Bankruptcy Court for the Eastern District of Missouri Docket: Bankruptcy No. 99-20281-172. Adversary No. 99-2018-172
  5. In Re Thomas W. Garland, Inc. (1982)

    Pending for disposition is a Complaint filed by the Plaintiff, Thomas W. Garland, Inc., a Debtor-in-Possession in a Chapter 11 liquidation proceeding. In its Complaint Plaintiff alleges that certain payments made by it to the Defendant, Union Electric Company, during the ninety days preceding the filing of its Bankruptcy Petition constitute preferential transfers as defined in 11 U.S.C. § 547(b) and prays for an order requiring the turnover to the Debtor-in-Possession of these alleged [...]

    Court: Bankruptcy Court for the Eastern District of Missouri Docket: Bankruptcy No. 81-01175(1), Adv. No. 81-0257(1)
  6. In Re Apex Oil Co. (1988)

    Arnold M. Quittner, Robert Jay Moore, Paul S. Aronzon, Gendel, Raskoff, Shaprio & Quittner, Los Angeles, Cal., Dennis A. Ferrazzano, Barack, Ferrazzano and Kirschbaum, Chicago, Ill., Milton B. Hyman, Irell & Manella, Los Angeles, Cal., Special Counsel), for debtors.


    Court: Bankruptcy Court for the Eastern District of Missouri Docket: Bankruptcy No. 87-03804-BSS, Motion Nos. 04-140-C, 04-143-C
  7. In Re Prince Gardner, Inc. (1998)

    The matter before the Court is the Motion for Summary Judgment, filed by Tandy Brands Accessories, Inc. ("Tandy Brands") and its subsidiary, TBAC-Prince Gardner, Inc. ("TBAC") (collectively "Defendants"), requesting a denial of the complaint to avoid and recover a transfer under 11 U.S.C. §§ 548 and 550 filed by the Plaintiff, E. Rebecca Case, Chapter 7 Trustee ("Trustee").


    Court: Bankruptcy Court for the Eastern District of Missouri Docket: Bankruptcy No. 94-42129-172, Adversary No. 96-4245-172
  8. In Re Robinson (1993)

    The parties to this case ask whether Chapter 7 debtors may exempt some or all of their interest in an anticipated federal income tax refund. The Debtors' tax refund was in the possession of the Internal Revenue Service on the date of filing and Debtors assert that pursuant to Mo.Rev. Stat. § 513.427 (Supp.1992) the refund was exempt from attachment or execution as property exempt from attachment under federal law.


    Court: Bankruptcy Court for the Eastern District of Missouri Docket: Bankruptcy No. 92-42936-399, Adv. No. 92-4494-399
  9. In Re Kelly (1999)

    The matter being determined here is the motion of Renee Thompson ("Plaintiff") for summary judgment on her Adversary Complaint against Byron Thomas Kelly ("Debtor"). In her Complaint, the Plaintiff has asked the Court to determine that the debt owed to her that is based upon a non-bankruptcy court judgment, is not dischargeable as being a debt for a willful and malicious injury under 11 U.S.C. § 523(a)(6). The Debtor filed an answer to the Complaint that denied the substantive allegations of [...]

    Court: Bankruptcy Court for the Eastern District of Missouri Docket: Bankruptcy No. 99-4024-172. Adversary No. 98-51743-172
  10. In Re Smith (1994)

    These two unrelated cases each concern the extent to which a security agreement, entered into when an automobile was purchased, also covers unearned premiums for credit life insurance and an extended service agreement.


    Court: Bankruptcy Court for the Eastern District of Missouri Docket: Bankruptcy Nos. 93-40206-399, 93-40896-399
  11. In Re Mitchell (1994)

    This Court has jurisdiction over the subject matter of this proceeding pursuant to 28 U.S.C. §§ 151, 157, 1334 and Local Rule 29 of the United States District Court for the Eastern District of Missouri. This is a "core proceeding" which the Court may hear and enter appropriate judgments pursuant to 28 U.S.C. § 157(b)(2)(B).


    Court: Bankruptcy Court for the Eastern District of Missouri Docket: Bankruptcy No. 93-46139-399
  12. In Re Mitchell (1987)

    On July 29, 1986, Stephen Scott Mitchell and Karen Ann Finnegan Mitchell (hereinafter the "Debtors") filed separate Voluntary Chapter 7 Petitions. In an order dated October 8, 1986, the Honorable David P. McDonald consolidated the cases for determination of the Trustee's Objection and transferred the cases to this Court. On October 31, 1986, Robert J. Blackwell (hereinafter the "Trustee") filed an Objection To Exemption in each case, alleging that unliquidated personal injury claims listed on [...]

    Court: Bankruptcy Court for the Eastern District of Missouri Docket: Bankruptcy Nos. 86-01819(2), 86-01818(3)
  13. In Re Baskowitz (1996)

    This matter concerns the Amended Complaint to Determine Dischargeability filed on behalf of The North River Insurance Company ("Plaintiff"). The Court announced its determinations and orders from the bench after a trial on October 17, 1994. These determinations have been reduced to writing as a result of a request from persons affected by this ruling.


    Court: Bankruptcy Court for the Eastern District of Missouri Docket: 88-43928-172. Adv. No. 94-4230-172
  14. In Re Perkins (1998)

    This matter is before the Court on an Amended Motion to Dismiss the Adversary Complaint. The amended motion was filed on behalf of the Coordinating Board for Higher Education ("CBHE"); the Missouri Student Loan Program ("MSLP"); Karla Stroup, Commissioner of Higher Education of the CBHE; and Karen Misjak, Director of the MSLP (collectively, "Defendants"). After settlement discussions were unsuccessful, the Parties submitted the matter to the Court on the pleadings and the record as a whole.

    Court: Bankruptcy Court for the Eastern District of Missouri Docket: Bankruptcy No. 98-42428-172, Adversary No. 98-4132-172
  15. In Re Ozark Beverage Co., Inc. (1989)

    On March 14, 1988, Ozark Beverage Company, Inc. (hereinafter the "Debtor") filed a voluntary petition under Chapter 11 of Title 11 of the United States Code. The United States Trustee has objected to the Debtor's reading of 28 U.S.C. § 1930(a)(6), which sets forth the quarterly fees due the United States Trustee. The Debtor claims that such fees should be based on the Debtor's post-petition disbursements for pre-petition debts.


    Court: Bankruptcy Court for the Eastern District of Missouri Docket: Bankruptcy No. 88-10115-BSS
  16. In Re Holman (1984)

    At issue before this Court is whether a certain disputed indebtedness owed Plaintiff by Defendant, James Ray Holman, is non-dischargeable. Although Defendant, Shirley Ann Holman, is a party Defendant, there is no allegation in Plaintiff's complaint from which any liability on her part to the Plaintiff may be inferred.


    Court: Bankruptcy Court for the Eastern District of Missouri Docket: Bankruptcy No. 84-00009(SE), Adv. No. 84-0009(SE)
  17. In Re Sanders (1987)

    This contested matter presents the question of whether either the federal or Missouri garnishment statute permits a bankrupt debtor to exempt pre-bankruptcy earnings from property of the estate. The Court holds that although the federal garnishment statute does not apply to Missouri debtors, the Missouri statute does permit a Missouri bankrupt debtor to exempt pre-bankruptcy earnings from property of the estate.


    Court: Bankruptcy Court for the Eastern District of Missouri Docket: Bankruptcy No. 86-00498(N)
  18. In Re Jackson (1994)

    This case presents the issue of whether potentially exempt property should be included in the best interest of creditors test of § 1325(a)(4) and the best efforts of the debtor test of § 1325(b).


    Court: Bankruptcy Court for the Eastern District of Missouri Docket: Bankruptcy No. 93-45983-399
  19. In Re Hicks (2007)

    On May 2, 2007, the United States Trustee (the "UST") filed a Motion to Dismiss Pursuant to 11 U.S.C. § 707(b) (the "Motion") [Docket # 17] in the above-referenced bankruptcy case (the "Case"). On May 18, 2007, the chapter 7 trustee (the "Trustee") filed a Response to the Motion [Docket # 31], in which the Trustee made no substantive argument in support of the Motion but requested that the Motion be granted only upon payment of the Trustee's approved fees and expenses. The Debtor filed no [...]

    Court: Bankruptcy Court for the Eastern District of Missouri Docket: 07-41189-405
  20. In Re Clark (1997)

    Janet Sue Wellner ("Plaintiff") appeared in person and by Counsel at the Trial in this matter and presented testimony and evidence in support of her Amended Adversary Complaint to determine that certain debts are not dischargeable pursuant to 11 U.S.C. §§ 523(a)(5) and (15). Counsel for Steven W. Clark ("Debtor") appeared and announced that the Debtor had failed to respond to his written and oral requests concerning the trial of this matter. On consideration of the record as a whole, [...]

    Court: Bankruptcy Court for the Eastern District of Missouri Docket: Bankruptcy No. 95-40930-172, Adv. No. 95-4483-172

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