MEMORANDUM OPINION BRIAN T. FENIMORE , Bankruptcy Judge . The issue before the court is whether Debtor Tonya Diedrich is entitled to a $1,250 "head of household" exemption in her 2007 Infiniti G35 pursuant to Mo. Rev. Stat. 513.440 (2012). Tonya believes she qualifies as a head of household because she lives with her 80-year-old mother and 47-year-old disabled boyfriend and "provide[s] the majority of the family's financial support." Trustee Norman Rouse objects to the exemption,...
MEMORANDUM OPINION DENNIS R. DOW , Bankruptcy Judge . This matter is before the Court on the Trustee's Motion to Vacate Order Discharging Debtor After Completion of Chapter 13 Plan (the "Motion") and the Trustee's Objection to Debtor's Motion for Entry of Chapter 13 Discharge (the "Objection to Discharge"). For all the reasons set forth below, the Court will grant the Motion and sustain the Objection to Discharge. I. FACTUAL AND PROCEDURAL BACKGROUND Debtor filed a Chapter 13 bankruptcy...
MEMORANDUM OPINION ON MOTION TO DISMISS Honorable Dennis R. Dow , United States Bankruptcy Court . Pending before the Court is the motion to dismiss brought under Fed. R. Bankr. P. 7012(b) and Fed. R. Civ. P. 12(b)(6) by defendants LVNV Funding, LLC, HSS Systems, LLC d/b/a Parallon Business Performance Group, Midwest Division-RMC, LLC d/b/a Research Medical Center, Merrick Bank and Resurgent Capital Services, L.P. ("Resurgent") (collectively "Defendants"). In his multi-count Amended...
MEMORANDUM OPINION DENNIS R. DOW , Bankruptcy Judge . Before this Court is the Motion for Summary Judgment (the "Motion") filed by plaintiff Jerald S. Enslein, in his capacity as Chapter 7 Trustee (the "Trustee" or "Plaintiff") for debtor Xurex, Inc. ("Debtor") against defendant IPFS Corporation ("IPFS" or the "Defendant"). Also before the Court is Defendant's Motion for Summary Judgment. Both parties filed Suggestions in Support of their motions and Suggestions in Opposition to the...
ORDER SUSTAINING RESPONSE IN OPPOSITION TO NOTICE OF FINAL CURE PAYMENT UNDER RULE 3002.1 REGARDING CLAIM NUMBER 5 and DENYING DEBTOR'S MOTION FOR ENTRY OF CHAPTER 13 DISCHARGE Arthur B. Federman , Bankruptcy Judge . Debtor Barbara Faye Thornton filed a Motion for Entry of Chapter 13 Discharge Due to Plan Completion, to which the Chapter 13 Trustee objects. The issue is whether the Debtor has made "all payments under the plan" as required by 11 U.S.C. 1328(a), when she has failed to...
MEMORANDUM OPINION DENYING WELLS FARGO'S MOTION TO ORDER DEBTOR TO DISMISS STATE COURT ACTION AND TO ENFORCE SWORN PROMISE TO SURRENDER PROPERTY TO WELLS FARGO OR OTHERWISE REAFFIRM OR REDEEM COLLATERAL Cynthia A. Norton , United States Chief Bankruptcy Judge . The court is asked to consider the meaning of the word "surrender" in 521(a)(2)(A) 1 in an unusual context: where a secured creditor obtains stay relief, fails to timely foreclose, and mistakenly releases its lien, and the...
MEMORANDUM OPINION HONORABLE DENNIS R. DOW , UNITED STATES BANKRUPTCY JUDGE . This matter is before the Court on the Motion for Partial Dismissal of Claims (the "Motion") of defendant Excel Seeds, LLC ("Excel"). This 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 to 28 U.S.C. 157(b)(2). For all the reasons set forth below, the Court will grant the Motion as to Counts...
ORDER GRANTING TRUSTEE'S MOTION TO DENY CONFIRMATION ARTHUR B. FEDERMAN , Bankruptcy Judge . The Chapter 13 Trustee filed a Motion to Deny Confirmation of Debtor Karen L. Clark's proposed Chapter 13 plan because, he asserts, the Debtor is above-median and must propose a sixty-month plan. For the reasons that follow, the Motion to Deny Confirmation will be GRANTED. The Debtor and her non-filing spouse have income from four sources: social security, pensions, self-employment, and...
MEMORANDUM OPINION GRANTING THE DEBTOR'S MOTION TO CLOSE CASE CYNTHIA A. NORTON , Chief Bankruptcy Judge . The court is asked to determine whether administration of this Chapter 9 case has been completed, such that, pursuant to 11 U.S.C. 945(b), the court must close the case. The only reason this issue is remarkable is that in the meantime, the debtor has filed a second Chapter 9 case, and the secured bondholder in that case objects to closing this one. For the reasons stated below, the...
MEMORANDUM OPINION Arthur B. Federman , Bankruptcy Judge . Plaintiff Katie McClammer filed this adversary proceeding seeking a determination that an alleged debt owed to her by Debtor-Defendant Landon Reser Holmes is nondischargeable under 11 U.S.C. 523(a)(2)(A) as a debt incurred by actual fraud. For the reasons that follow, judgment will be entered in favor of Ms. McClammer, but only as to the amount she advanced to Mr. Holmes on or before January 15, 2014. Introduction Plaintiff...
MEMORANDUM OPINION REGARDING DEBTOR'S MOTION TO AVOID JUDGMENT LIEN OF CRP HOLDINGS A-1, LLC UNDER 522(F)(1) Cynthia A. Norton , United States Bankruptcy Judge . This matter is before the court on remand from the Eighth Circuit. This court granted the motion of Casey D. O'Sullivan, a Chapter 7 debtor, to avoid a judgment lien of CRP Holdings A-1, LLC pursuant to 11 U.S.C. 522(f)(1), and CRP appealed. 1 The Eighth Circuit bankruptcy appellate panel affirmed this court, noting however,...
MEMORANDUM OPINION THE HONORABLE DENNIS R. DOW , UNITED STATES BANKRUPTCY JUDGE . Before the Court are several items: a Request to Determine Lease Term filed by debtor Millennium Super Stop II, LLC ("Millennium" or "Debtor"); a Motion to Approve Contract for Sale filed by Debtor; a Motion to Reject Executory Contract filed by Debtor; an Adversary Complaint to Compel Turnover of Property filed by Debtor and an Adversary Proceeding against Debtor for Declaratory Relief and for Specific...
MEMORANDUM OPINION AND ORDER DENYING AMENDED MOTION TO DISMISS OR CONVERT AND ENTERING JUDGMENT FOR DEFENDANT ON PLAINTIFFS' COMPLAINT FOR NONDISCHARGEABILITY CYNTHIA A. NORTON , Bankruptcy Judge . This matter is before the Court on two matters consolidated for discovery and hearing by agreement of the parties and the Order of the Court: (1) the Amended Motion of Randy and Sherri' James to dismiss or convert the Debtor Sharon West's Chapter 7 case under 11 U.S.C. 707 and 706 and the...
ORDER DENYING MOTION FOR SUMMARY JUDGMENT CYNTHIA A. NORTON , Bankruptcy Judge . This matter comes before the Court on Plaintiff State of Kansas' motion for summary judgment with respect to its 11 U.S.C. 523(a)(2) complaint seeking to except from discharge a debt for overpayment of unemployment benefits paid to the Debtor/Defendant, Fred Morrison. Plaintiff argues that it is entitled to summary judgment as a matter of law based on the collateral estoppel effect of its administrative...
MEMORANDUM OPINION OVERRULING CREDITOR RANDY BURLESON'S PRECLUSION ARGUMENTS CYNTHIA A. NORTON , Chief Bankruptcy Judge . After the Chapter 7 Debtors Timothy and Carolyn Ferguson waived their discharge, 1 they consented to a $150,000 judgment in a creditor's fraud-based state court lawsuit against them. The creditor, Randy Burleson, in turn filed a $150,000 proof of claim against the Debtors' bankruptcy estate. The Chapter 7 Trustee objected to Burleson's proof of claim, arguing that,...
