MEMORANDUM OPINION DENNIS R. DOW , Bankruptcy Judge . Before this Court is the Motion to Redeem Property (the "Motion") filed by Glenda Kaye Jackson (the "Debtor") pursuant to 722 of the Bankruptcy Code and Bankruptcy Rule 6008. A limited objection to the Motion was filed by Wollemi Acquisitions, LLC (the "Creditor"). The Court has jurisdiction over this matter pursuant to 28 U.S.C. 1334(b) and 157(a) and (b). This is a core proceeding which this Court may hear and determine pursuant...
ORDER DENNIS R. DOW , Bankruptcy Judge . ORDERED that the Motion to Vacate the Order of Discharge filed by ReadyCap Lending, LLC, is hereby denied.
MEMORANDUM OPINION DENNIS R. DOW , Bankruptcy Judge . This matter is before the Court on ReadyCap Lending, LLC's ("ReadyCap") Motion to Vacate the Order of Discharge (the "Motion"). 1 For all the reasons set forth below, the Court will deny the Motion. I. FACTUAL AND PROCEDURAL BACKGROUND In 2002, Debtor entered into a loan agreement with CIT Small Business Lending Corporation ("CIT"). In 2009, Debtor filed a Chapter 13 bankruptcy petition which was subsequently dismissed in 2010....
ORDER DENYING TRUSTEE'S MOTION TO COMPEL TURNOVER BRIAN T. FENIMORE , Bankruptcy Judge . Trustee J. Kevin Checkett requests an order from the court requiring debtors David and Glenda Braun to turn over to the trustee an inheritance Glenda received from her deceased uncle. Because the court finds that the inheritance is not property of the bankruptcy estate, the court denies the trustee's request. JURISDICTION The court has jurisdiction over this matter under 28 U.S.C. 1334(b) and 157(...
MEMORANDUM OPINION Brian T. Fenimore , U.S. Bankruptcy Judge . Chapter 13 trustee Richard Fink seeks to avoid and recover for the benefit of the bankruptcy estate two properties debtor Frances Wright transferred prepetition to her brother, Kindel Wright, under the theory that Frances transferred the properties with fraudulent intent under the Missouri Uniform Fraudulent Transfers Act (MUFTA). Because the court determines (1) the properties were held in a constructive trust by Frances for...
ORDER (i) GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT (ECF No. 43); (ii) ABSTAINING FROM HEARING THE CLAIMS UNDER THE MISSOURI MERCHANDISING PRACTICES ACT; and (iii) GRANTING PLAINTIFF'S MOTION FOR ABEYANCE OF THE ADVERSARIAL ACTION DURING THE PENDENCY OF THE STATE COURT CASE (ECF No. 44) CYNTHIA A. NORTON , Bankruptcy Judge . The plaintiff in this action, State of Missouri ex rel. Attorney General Eric S. Schmitt, is litigating a pending state court lawsuit...
MEMORANDUM OPINION DENNIS R. DOW , Bankruptcy Judge . Before this Court is the Motion for Summary Judgment (the "Motion") filed by State of Kansas, ex rel., Delia Garcia, Acting Secretary of Labor (the "Plaintiff" or "KDOL)) against Ayonda Marie Jones (the "Defendant" or "Debtor"). The Plaintiff initiated the adversary proceeding seeking a determination that damages found owed to it for overpayment of unemployment benefits in a prior administrative action be deemed nondischargeable...
ORDER GRANTING MOTION FOR BANKRUPTCY COURT TO ABSTAIN FROM TAKING JURISDICTION OF DEBTOR'S MOTION TO ENFORCE DISCHARGE INJUNCTION (ECF No. 298) AND DENYING MOTION TO ENFORCE THE DISCHARGE INJUNCTION (ECF No. 291) WITHOUT PREJUDICE Chief Judge Cynthia A. Norton Reorganized Debtor, Pursell Holdings, LLC ("Pursell Holdings"), moved to reopen this closed chapter 11 bankruptcy case so that it could file a motion to enforce the discharge injunction against respondents, North River Holdings, LLC;...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Brian T. Fenimore , UNITED STATES BANKRUPTCY JUDGE Plaintiff Chapter 7 Trustee Norman Rouse is seeking to exercise his strongarm powers under 11 U.S.C. 544(a)(1) and (3) to avoid Defendant U.S. Bank, National Association's future advance deed of trust against the home of Debtors George and Annabelle Lolley because the deed of trust contains a scrivener's...
MEMORANDUM OPINION (Amended Nunc Pro Tunc to Correct Amount of Attorney Fees) Cynthia A. Norton , Chief Judge The issue in this case is whether the debtors and a junior lender have met their burden of rebutting a senior lender's claim to postpetition default interest 1 under its loan documents and applicable Missouri and federal bankruptcy law. For the reasons set forth below, the court finds and concludes they have. 2 JURISDICTION This matter concerns the allowance or disallowance of...
MEMORANDUM OPINION CYNTHIA A. NORTON , Bankruptcy Judge . The issue in this case is whether the debtors and a junior lender have met their burden of rebutting a senior lender's claim to postpetition default interest 1 under its loan documents and applicable Missouri and federal bankruptcy law. For the reasons set forth below, the court finds and concludes they have. 2 JURISDICTION This matter concerns the allowance or disallowance of The Bank of Missouri's claims against the bankruptcy...
MEMORANDUM OPINION BRIAN T. FENIMORE , Bankruptcy Judge . The court must determine whether, under the "per-child" clause of Missouri's head of family exemption (the "per-child exemption"), Chapter 7 Debtor Anita Louise Bean may claim a $350 exemption for each of her four dependent minor grandchildren. Mo. Rev. Stat. 513.440. Because the exemption statute's plain language and governing precedent explicitly permit a person to claim the per-child exemption "for each of such person's...
ORDER GRANTING KANSAS DEPARTMENT OF LABOR'S MOTION FOR SUMMARY JUDGMENT BRIAN T. FENIMORE , Bankruptcy Judge . Plaintiff Kansas Department of Labor ("KDOL") requests a determination that its claim against Debtor/Defendant Brittnee Charlann Bailey for overpayment of unemployment benefits is nondischargeable under 11 U.S.C. 523(a)(2)(A) (ECF No. 1). Ms. Bailey denies that her debt should be nondischargeable (ECF No. 9). KDOL's motion for summary judgment is now before the court. The...
MEMORANDUM OPINION THE HONORABLE DENNIS R. DOW , UNITED STATES BANKRUPTCY JUDGE . This adversary proceeding comes before the Court on the Complaint ("Complaint") filed by Plaintiff Richard S. Lauter, not individually but solely as the Creditor Trustee of Gas-Mart, Inc. Creditor Trust ("Plaintiff") against defendant Wells Fargo Bank, N.A. ("Defendant" or "Wells Fargo"). Plaintiff asserts that certain payments to Wells Fargo should be avoided as preferential transfers under 11 U.S.C. 547(...
ORDER THE HONORABLE DENNIS R. DOW , UNITED STATES BANKRUPTCY JUDGE . Before this Court is the Debtor's Amended Objection to Notice of Postpetition Mortgage Fees, Expenses and Charges filed by Bank of New York Mellon (the "Bank" or "Creditor"). This is a core proceeding under 28 U.S.C. 157(b)(2)(B) over which the Court has jurisdiction pursuant to 28 U.S.C. 1334(b), 157(a) and (b)(1). For the reasons set forth below, the Debtor's Objection is overruled in part and sustained in part....
REPORT AND RECOMMENDATION TO THE DISTRICT COURT ON DEFENDANTS' MOTIONS TO WITHDRAW THE REFERENCE CYNTHIA A. NORTON , Chief Bankruptcy Judge . At the heart of this matter is which court — bankruptcy or district — should decide whether the debtors' bankruptcy attorneys violated bankruptcy code provisions and applicable bankruptcy and ethical rules and should be sanctioned. The defendant attorney and his law firm argue that the bankruptcy court lacks jurisdiction and authority to decide...
MEMORANDUM OPINION Chief Judge Cynthia A. Norton . Plaintiff Global Control Systems, Inc. employed Debtor/Defendant Derek Luebbert. The terms of the employment required Mr. Luebbert to neither solicit Global's customers, nor compete with Global's business while employed, and for three years and within a certain radius of Global's office thereafter. Mr. Luebbert, while employed at Global, violated the agreement by soliciting and receiving work from a Global customer. After Mr. Luebbert...
MEMORANDUM OPINION DENNIS R. DOW , Bankruptcy Judge . This adversary proceeding comes before the Court on the Motion for Partial Summary Judgment filed by the Chapter 11 Trustee (the "Trustee's Summary Judgment Motion") and the Counter-Motion for Partial Summary Judgment filed by Gregory D. Williams ("Williams' Summary Judgment Motion"). The Plaintiff seeks a declaratory judgment to determine the extent, validity, and priority of several judgment liens, claims and interests in the real...
ORDER DENYING DEBTOR'S MOTION TO RECONSIDER ORDER EXTENDING INSTALLMENT PAYMENTS CYNTHIA A. NORTON , Bankruptcy Judge . The Debtor Jeannette Elaine Curran moves the court for an order "reconsidering" the court's order of June 22, 2018. The court's June 22 order vacated the court's earlier order to Ms. Curran to show cause why her case should not be dismissed for her failure to pay the third installment of the court filing fee. The order also extended the time for paying the remaining...
MEMORANDUM OPINION DENNIS R. DOW , Bankruptcy Judge . Before this Court is the Motion for Summary Judgment (the "Motion") filed by State of Kansas, ex rel., Lana Gordon, Secretary of Labor (the "Plaintiff" or "KDOL)) against Joshua Irvin Stock (the "Defendant" or "Debtor"). The Plaintiff initiated the adversary proceeding seeking a determination that damages found owed to it for overpayment of unemployment benefits in a prior administrative action be deemed nondischargeable pursuant to...
