Bankruptcy Court for the Western District of Missouri Court Cases

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  1. In Re McGuire (2006)

    The Chapter 13 Trustee filed a Motion to Deny Confirmation of the Debtors' Chapter 13 Plan, asserting that the Plan could not be confirmed because the Debtors propose a repayment period of less than sixty months and because the Debtors claim a deduction from their monthly income for a vehicle they own free and clear of liens, both in violation of 11 U.S.C. § 1325(b). Subsequently, the Trustee filed a Supplemental Objection to Confirmation of Debtors' Chapter 13 Plan, offering additional [...]

    Court: Bankruptcy Court for the Western District of Missouri Docket: 06-60054
  2. In Re Master Mortg. Inv. Fund, Inc. (1994)

    Debtor Master Mortgage Investment Fund (Master Mortgage) filed its Fourth Amended Plan of Reorganization on November 18, 1993 (the Plan). The Plan was duly transmitted to the creditors and all parties in interest of record together with a copy of the Disclosure Statement previously approved by the Court. The Court considered the Plan and six objections to confirmation at a December 20, 1993 hearing.[1] Appearances of all counsel were duly noted. At the hearing, the Court heard evidence from [...]

    Court: Bankruptcy Court for the Western District of Missouri Docket: Bankruptcy No. 92-41306-2-11
  3. In Re Schanuth (2006)

    The Debtors, Calvin Terry Schanuth and his wife, Donna Jane Schanuth, filed for protection under chapter 13 of the Bankruptcy Code, as amended by BAPCPA, on January 5, 2006. Richard V. Fink is the standing chapter 13 trustee ("Trustee").


    Court: Bankruptcy Court for the Western District of Missouri Docket: 06-40056
  4. In Re Robinson (2006)

    Debtor Marijohn LaNette Robinson filed her voluntary Chapter 13 bankruptcy petition on October 27, 2005. In her Schedules, the Debtor lists two vehicles, a 2003 Mitsubishi Galant which is subject to a secured claim held by Midwest United Credit Union,[1] and a 1999 Buick Regal, which is subject to a secured claim held by Fireside Bank d/b/a Fireside Thrift Co. Both of these vehicles were purchased within 910 days prior to the Debtor's bankruptcy filing. The Galant has a market value of [...]

    Court: Bankruptcy Court for the Western District of Missouri Docket: 05-71899
  5. In Re Ellingsworth (1997)

    AT & T Universal Card Services (UCS) filed this adversary proceeding to determine the dischargeability of its debt against Chapter 7 debtor Deborah Ann Ellingsworth. This is a core proceeding under 28 U.S.C. § 157(b)(2)(I) over which the Court has jurisdiction pursuant to 28 U.S.C. §§ 1334(b), 157(a), and 157(b)(1). For the reasons set forth below, I find the debt to be dischargeable in part and nondischargeable in part.


    Court: Bankruptcy Court for the Western District of Missouri Docket: Bankruptcy No. 96-61676, Adversary No. 97-6018
  6. In Re Renicker (2006)

    In a case filed under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), the Debtors, Robert M. and Shirley A. Renicker, filed a chapter 13 plan proposing to pay what they determined to be all of their disposable income for sixty months.[1] Nothing unusual there except that the Debtors, who have a combined net income of approximately $6,085 a month, calculated their monthly disposable income to be only $20.88.


    Court: Bankruptcy Court for the Western District of Missouri Docket: 05-71905
  7. In Re Cowan (1999)

    Harold L. Cowan and Thelma L. Cowan filed a joint petition for relief under Chapter 13 of the Bankruptcy Code on April 8, 1999. This matter comes before the Court at this juncture on the Motion to Dismiss filed by AmeriCredit Financial Services, Inc., on June 4, 1999. The Court heard oral arguments on June 16, 1999, has considered the parties' memorandums, and is now ready to rule. This Court has jurisdiction pursuant to 28 U.S.C. § § 1334(b) and 157(a) and 11 U.S.C. § § 1307 and 1325.

    Court: Bankruptcy Court for the Western District of Missouri Docket: Bankruptcy No. 99-41349-W-13
  8. In Re Goertz (1996)

    The Trustee objected to Debtor's exemption of an earned income credit received in a tax refund. After reviewing the parties' briefs and arguments and pertinent authorities, the court sustains the trustee's objection to the exemption. The court has jurisdiction over this core proceeding and may enter final orders pursuant to 28 U.S.C. §§ 1334(b) and 157(b)(2)(A), (B), (E) and (O).


    Court: Bankruptcy Court for the Western District of Missouri Docket: Bankruptcy No. 96-60299-1
  9. In Re Burden (2007)

    Bankruptcy courts around the country are sharply divided over the issue before the Court in this Chapter 7 bankruptcy case. That issue is: May a debtor claim a deduction on the Bankruptcy Code's "means test" for payments on debts secured by collateral that the debtor intends to surrender to the creditor?


    Court: Bankruptcy Court for the Western District of Missouri Docket: 07-50366
  10. In Re Lett (1999)

    Christopher Kevin Lett and Patricia Lynn Lett ("the Letts" or "Debtors") filed for protection under Chapter 7 of the Bankruptcy Code on September 3, 1998. On their Schedules, the Debtors listed First American Title Insurance Company ("First American") as an unsecured creditor holding a disputed claim for $76,041.41, and Green Tree Financial Servicing Corporation ("Green Tree") as an unsecured creditor holding an undisputed claim of $27,296.25. The debt owed to First American arises from a claim [...]

    Court: Bankruptcy Court for the Western District of Missouri Docket: Bankruptcy No. 98-43720-JWV. Adversary Nos. 98-3029-SW, 98-3030-SW
  11. In Re Osborn (2006)

    Debtors object to the unsecured Proof of Claim filed by Creditor Capital One Auto Finance. Capital One Auto Finance objects to confirmation of the Debtors' proposed Chapter 13 Plan, which proposes to surrender the vehicle securing Capital One's claim in full satisfaction of such claim. This is a core proceeding under 28 U.S.C. §§ 157(b)(2)(B), (K) and (L), over which the Court has jurisdiction pursuant to 28 U.S.C. § § 1334(b), 157(a), and 157(b)(1). For the reasons that follow, the [...]

    Court: Bankruptcy Court for the Western District of Missouri Docket: 06-41015
  12. In Re Florio (1995)

    This matter is before the Court on plaintiff Marc Florio's adversary complaint against debtor Laurie Florio, which requests the Court to find that Laurie's[1] indebtedness to him is nondischargeable, pursuant to 11 U.S.C. § 523(a)(15), and requests the Court to deny Laurie discharge, pursuant to 11 U.S.C. § 727 (1988). Laurie counterclaims, alleging that Marc owes her child support and requesting the Court to enter a judgment against him.


    Court: Bankruptcy Court for the Western District of Missouri Docket: Bankruptcy No. 95-20064. Adv. No. 95-2012C
  13. In Re Talib (2005)

    The issue before the Court is the adequacy, under § 109(h)(3), of Debtor's certification of Exigent Circumstances and Motion to Waive Debt Counseling Prior to Filing. More specifically, the issue is whether a debtor who waits until the afternoon prior to the day of a scheduled foreclosure sale to seek credit counseling and is told by the credit counseling service that the required counseling can be provided within two days — less than five days subsequent to her request, but after the [...]

    Court: Bankruptcy Court for the Western District of Missouri Docket: 05-71954
  14. In Re Auxano, Inc. (1989)

    Debtor, Auxano, Inc., was a Missouri corporation whose principal office was located in Cole County. Garland E. Harris was its president and one of its principal owners. Debtor entered into certain real estate leases and contracts with Wanda L. Gerken. When she filed several lawsuits against debtor in various counties where the involved real estate was located, debtor filed its petition for relief under Chapter 7 on February 10, 1988. Debtor subsequently filed a Motion to Dismiss the proceedings [...]

    Court: Bankruptcy Court for the Western District of Missouri Docket: Bankruptcy No. 88-00606-C, Adv. No. 88-0661-C
  15. In Re Stanke (1999)

    This matter comes before the Court on the Objection to Discharge filed against the Debtor, Jerome L. Stanke, by the Chapter 7 Trustee, Norman E. Rouse ("Trustee"). The Trustee alleged that the Debtor failed to disclose assets or concealed assets, sold property of the bankruptcy estate, and transferred property within one year of the bankruptcy filing with the intent to hinder, delay, or defraud creditors, and that the Debtor should as a result be denied discharge in these Chapter 7 proceedings [...]

    Court: Bankruptcy Court for the Western District of Missouri Docket: Bankruptcy No. 98-30919-JWV, Adversary No. 99-3007-SW1
  16. In Re Carpio (1997)

    This matter is before the Court on the complaint to void and set aside the post-petition foreclosure sale of real estate belonging to the debtor, and seeking damages for a willful violation of the automatic stay. A trial was held on July 29, 1997, after which the Court took the matter under advisement and granted the parties additional time to submit post-trial briefs. The Court has read the briefs submitted by the parties, has conducted its own independent research and is now ready to rule. [...]

    Court: Bankruptcy Court for the Western District of Missouri Docket: Bankruptcy No. 97-20353-FWK, Adversary No. 97-2022
  17. In Re Bicsak (1997)

    Debtor Ronald Bicsak filed this Chapter 7 bankruptcy case on October 15, 1996. The United States Trustee (the "UST") moved this Court to dismiss the case for substantial abuse pursuant to 11 U.S.C. § 707(b). A hearing was held on April 2, 1997. This is a core proceeding under 28 U.S.C. § 157(b)(2)(A) over which the Court has jurisdiction pursuant to 28 U.S.C. §§ 1334(b), 157(a), and 157(b)(1). For the reasons set forth below, I grant the UST's motion and this bankruptcy case is hereby [...]

    Court: Bankruptcy Court for the Western District of Missouri Docket: Bankruptcy No. 96-50667
  18. In Re Schmitt (1998)

    Plaintiff/debtor Betti Renee Schmitt filed an adversary proceeding to determine the dischargeability of a student loan payable to Missouri Western State College, et al., pursuant to 11 U.S.C. § 523(a)(8)(A) and (B). Defendant, Missouri Student Loan Program, by and through the Attorney General of Missouri, moved to dismiss the proceeding in light of the Eleventh Amendment to the United States Constitution (the Constitution). Defendant contends that this Court does not have jurisdiction to [...]

    Court: Bankruptcy Court for the Western District of Missouri Docket: Bankruptcy No. 97-50921-ABF, Adversary No. 98-5009-ABF
  19. In Re Booker (2009)

    This matter comes before the Court on the motion of the United States Trustee to dismiss this case pursuant to 11 U.S.C. § 707(b)(3). The Court has jurisdiction over this motion pursuant to 28 U.S.C. §§ 1334(b), 157(a) and 157(b)(1). This is a core proceeding which this Court may hear and determine, pursuant to 28 U.S.C. § 157(b)(2)(A). The United States Trustee argues this case should be dismissed based both upon the totality of the Debtors' financial circumstances and on the grounds that [...]

    Court: Bankruptcy Court for the Western District of Missouri Docket: 08-42466-drd-7
  20. In Re Rose (1997)

    Debtor Jennifer R. Rose filed a Complaint to determine the dischargeability of student loans which she owes to the above-named defendants. Defendant North Star Guarantee failed to answer the Complaint and default judgment was entered against it. The University of Missouri filed a Motion to Dismiss the Complaint on the ground that the debtor's claim against it is barred by the Eleventh Amendment to the United States Constitution. That Motion was granted by Order entered November 10, 1997. This [...]

    Court: Bankruptcy Court for the Western District of Missouri Docket: Bankruptcy No. 97-42803-2, Adversary No. 97-4120-2

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