NAIL, Bankruptcy Judge. Debtor Pepper Minthia Hardy ("Debtor") appeals the May 16, 2013 order of the bankruptcy court 1 sustaining Chapter 13 Trustee Richard Fink's ("Trustee") objection to Debtor's claimed exemptions. We affirm. 2 BACKGROUND Debtor filed a petition for relief under chapter 13 of the bankruptcy code. On her schedule C ("Property Claimed as Exempt"), Debtor claimed exempt, as a "public assistance benefit" under Mo. REV. STAT. 513.430.1(10)(a), 3 the portion of her...
FEDERMAN, Chief Judge. Appellant Terri A. Running, the Chapter 7 Trustee in the bankruptcy case of Joseph Matthias Miller, contends that the Bankruptcy Court 1 erred in holding that an annuity owned by the Debtor qualifies as an "individual retirement annuity" under 408(b) of the Internal Revenue Code 2 and is, therefore, exempt under 522(b)(3)(C) of the Bankruptcy Code. 3 We affirm. FACTUAL BACKGROUND The parties do not dispute the facts. 4 Debtor Joseph Matthias Miller filed a...
NAIL, Bankruptcy Judge. Michael Calandrillo appeals the final judgment of the bankruptcy court 1 entitling Trustee Charles W. Ries to recover $65,000 from Calandrillo pursuant to 11 U.S.C. 547(b) and, by implication, 550(a). We affirm. BACKGROUND In April 2007, Calandrillo purchased a boat from Plantation Boat Mart & Marina, Inc. The boat proved to be defective, and in October 2008, Calandrillo filed a statement of claim with the American Arbitration Association, naming Genmar Industries,...
FEDERMAN, Chief Judge. Debtor Laura Elizabeth Mehlhaff appeals from the Bankruptcy Court's Order 1 finding that her prepetition claim against her former spouse for alimony is property of her bankruptcy estate, and ordering her to turn that claim over to the Trustee. For the reasons that follow, we AFFIRM. FACTUAL BACKGROUND At the time the Debtor filed her Chapter 7 bankruptcy petition on June 19, 2012, the Debtor's former spouse was obligated under a prepetition divorce decree to pay her...
SALADINO, Bankruptcy Judge. The Defendants, Wendell O. Maness and Carolyn H. Maness, appeal from a June 3, 2013, judgment of the bankruptcy court 1 dismissing their counterclaim against the Plaintiff, Legendary Stone Arts, LLC ("Legendary Stone"). The judgment was entered pursuant to an order of the bankruptcy court 2 granting Legendary Stone's motion for summary judgment on the counterclaim dated May 1, 2012. We have jurisdiction over this appeal from the final order of the bankruptcy court....
FEDERMAN, Chief Judge. North American Banking Company (NABC) appeals from the Order of the Bankruptcy Court 1 granting summary judgment in favor of the Chapter 7 Trustee and ruling that NABC relinquished its possessory lien in account funds when it turned the funds over to the Trustee without requesting adequate protection of its possessory lien in such funds. For the reasons that follow, the Order of the Bankruptcy Court is AFFIRMED. Factual Background Debtor WEB2B Payment Solutions, Inc.,...
NAIL, Bankruptcy Judge. Debtor David L. Juve ("Debtor") appeals the final judgment of the bankruptcy court awarding David Heide ("Heide") $350,490.00 and determining that amount to be nondischargeable under 11 U.S.C. 523(a)(2)(A). We have jurisdiction over this appeal pursuant to 28 U.S.C. 158(b). For the reasons set forth below, we reverse in part, affirm in part, and remand for proceedings consistent with this opinion. BACKGROUND Debtor and his wife (collectively, "the Juves") filed a...
NAIL, Bankruptcy Judge. Mark M. Rose ("Debtor") appeals the June 11, 2012 judgment of the bankruptcy court 1 determining the debt he owed to Bank of Nebraska ("Bank") was excepted from discharge under 11 U.S.C. 523(a)(2)(B) and denying any recovery on Debtor's counterclaim. We affirm. BACKGROUND Over a three-year period beginning in 2003, Debtor borrowed money from Bank and pledged various items as collateral. Debtor ultimately defaulted on the loans. After Bank sold the collateral and...
SCHERMER, Bankruptcy Judge. The Debtors Raymond Kelley and Karen Patrice Kelley, (the "Debtors") appeal from an August 31, 2012 order of the bankruptcy court 1 requiring the Debtors to convey to Centennial Bank (the "Bank") real property. We have jurisdiction over this appeal from the final order of the bankruptcy court. See 28 U.S.C. 158(b). For the reasons set forth below, we affirm. ISSUE The issue in this appeal is whether the bankruptcy court erred in its interpretation of the...
SHODEEN, Bankruptcy Judge. The Debtors, James Allen Carter, Jr. and Leigh Emory Carter, appeal from the Bankruptcy Court's 1 order entered on April 22, 2013 denying the Debtors' Motion for Sanctions against First National Bank of Crossett. For the reasons that follow, we AFFIRM. BACKGROUND Jim A. Carter, Jr. Logging, LLC (the "LLC") was formed with James Allen Carter ("Carter") as its sole member. First National Bank of Crossett (the "Bank") entered into two loans with the LLC dated...
ARTHUR B. FEDERMAN, Bankruptcy Judge. David Scot Lynd, pro se, appeals from the Order of the Bankruptcy Court 1 denying his Motion for Reconsideration of Claim. For the reasons that follow, we AFFIRM. FACTUAL BACKGROUND On June 1, 2009, Genmar Holdings, Inc., and twenty-two of its subsidiaries, including Wood Manufacturing Company, Inc., filed voluntary Chapter 11 petitions in the District of Minnesota. The cases were being jointly administered. Mr. Lynd filed a claim on November 17, 2009,...
SCHERMER, Bankruptcy Judge. Michelle Ann Klein-Swanson (the "Debtor") appeals from a judgment 1 of the bankruptcy court: (a) revoking the Debtor's discharge pursuant to 11 U.S.C. 727(d)(2); 2 (b) avoiding the transfer under 11 U.S.C. 549 of bonus funds she received postpetition from her employer and entering judgment for recovery of those funds by the Chapter 7 trustee, Randall L. Seaver (the "Trustee"), pursuant to 11 U.S.C. 550; and (c) granting a motion for costs filed by the...
