ORDER DENYING MOTION TO DISMISS AND SUSTAINING, IN PART, OBJECTION TO AMENDED CHAPTER 13 PLAN ARTHUR B. FEDERMAN, Chief Judge. Sheila Palmer, the Platte County, Missouri Collector of Revenue ("Platte County"), filed a Motion to Dismiss the Chapter 13 bankruptcy case filed by Debtors James and Melba Donahue on the ground that they failed to pay their 2012 and 2013 real and personal property taxes, and because they failed to submit their property tax assessment form for the year 2014. Platte...
MEMORANDUM OPINION AND ORDER DIRECTING JUDGMENT IN FAVOR OF PLAINTIFFS AND DENYING THE DEBTOR'S DISCHARGE PURSUANT TO 11 U.S.C. 727 ARTHUR B. FEDERMAN, Chief Judge. The United States Trustee (the "UST") and Regions Bank, N.A., filed Complaints seeking denial of Debtor Richard Thomas Gregg's discharge pursuant to 11 U.S.C. 727. For the reasons announced at the conclusion of the trial held on May 7, 2014, as supplemented by those that follow, judgment will be entered in favor of the...
ORDER SUSTAINING, IN PART, DEBTOR'S OBJECTION TO CLAIM OF MERCEDES BENZ FINANCIAL SERVICES USA, LLC d/b/a DAIMLER TRUCK FINANCIAL and DETERMINING SECURED STATUS OF DAIMLER'S CLAIM ARTHUR B. FEDERMAN, Chief Judge. As announced in open court at the close of the hearing held on May 8, 2014, in Springfield, Missouri, the claim of Mercedes Benz Financial Services USA, LLC d/b/a Daimler Truck Financial ("Daimler") is ALLOWED as a secured claim in the amount of $1,425,309.40. The remainder of...
MEMORANDUM OPINION DENNIS R. DOW , Bankruptcy Judge . Two matters are before this Court: 1) the Final Application of Attorneys for Debtor for Fee Allowance and Reimbursement of Costs (the "Fee Application") filed by William L. Needler and Associates, Ltd. (individually, "Needler"), and 2) the Motion for the Examination and Disgorgement of Fees Paid to William L. Needler and for the Imposition of Sanctions (the "Motion") filed by the United States Trustee (the "Trustee"). This is a core...
MEMORANDUM OPINION ARTHUR B. FEDERMAN, Chief Judge. Plaintiff Joseph R. Wilson seeks a determination that Debtor Michael Aubrey Walker owes him a debt and that such debt be nondischargeable under 11 U.S.C. 523. He also requests that the Court enforce any judgment jointly and severally against the Debtor's non-filing spouse, Tamar Walker, and her limited liability company, Precious Princess Productions, LLC (now Unchained Productions, LLC). Wilson also seeks a denial of the Debtor's general...
MEMORANDUM OPINION ARTHUR B. FEDERMAN, Chief Judge. Plaintiffs Kenneth J. Pugh and Linda B. Pugh filed this adversary proceeding against Debtor-Defendants Robert J. Ennis and Elizabeth A. Ennis seeking a determination that the Debtors' debt to them for damage to a rental property and for defamation are nondischargeable under 11 U.S.C. 523(a)(2)(A) and (a)(6). For the reasons announced at the conclusion of the trial, as supplemented by those that follow, judgment will be entered in favor...
MEMORANDUM OPINION AND ORDER GRANTING SUMMARY JUDGMENT CYNTHIA A. NORTON, Bankruptcy Judge. Michael Miller filed this Chapter 7 case pro se, as an inmate under the custody of the Missouri Department of Corrections ("MDOC"). He scheduled the MDOC as an unsecured creditor to whom he owed $831.25 for what he described as "Inmate Revolving Fund Debt," or for certain fees the MDOC and the Missouri Board of Probation and Parole (the "Board") had assessed against him before he filed bankruptcy....
MEMORANDUM OPINION DENNIS R. DOW, Bankruptcy Judge. Before this Court is the Motion for Refund of Undistributed Funds Held by the Chapter 13 Trustee (the "Motion") filed by Christopher Blanchard Smith, Sr. and Hilda Mae Smith (the "Debtors"). In their Motion, the Debtors are requesting an Order that requires the Chapter 13 Trustee (the "Trustee") to return funds to the Debtors that were received after their Chapter 13 plan confirmation and prior to the conversion of the case to Chapter 7. The...
