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(...
