ORDER SUSTAINING WFO INVESTMENTS, LLC's OBJECTION TO CONFIRMATION OF PLAN and GRANTING WFO INVESTMENTS, LLC's MOTION FOR RELIEF FROM STAY ARTHUR B. FEDERMAN , Bankruptcy Judge . WFO Investments, LLC objects to the Chapter 13 Plan filed by Debtors Kelby Dean Hutsler, Sr. and Sherri Ann Hutsler, on the ground that the Plan modifies its secured claim in violation of 11 U.S.C. 1322(b)(2)'s anti-modification provision regarding residential mortgages. WFO also seeks relief from the automatic...
OPINION AND ORDER DENYING MOVANTS' MOTION TO COMPEL DISCOVERY OF MEDIATION STATEMENT JUDGE CYNTHIA A. NORTON , United States Chief Bankruptcy Judge. Must a Chapter 9 debtor produce a prepetition mediation statement so that its creditor may ascertain whether the debtor mediated in good faith and is thus eligible to file Chapter 9 under 11 U.S.C. 109(c)(5)(B) Under the facts of this case, the court concludes that the mediation statement is privileged and need not be produced. 1 I....
OPINION AND ORDER VALUING GAP INSURANCE AND SERVICE CONTRACT AND SUSTAINING IN PART DEBTOR'S OBJECTION TO CLAIM NUMBER 5-1 CYNTHIA A. NORTON , Bankruptcy Judge . The court is asked to determine whether, in the context of a claim objection, the value of so-called GAP insurance 1 and a service contract should be considered as part of a car lender's secured claim for purposes of a Chapter 13 cramdown plan. Under these facts, the answer is yes. 2 Background Debtor Leslie Rachelle Boston...
MEMORANDUM OPINION ARTHUR B. FEDERMAN , Bankruptcy Judge . The United States Trustee filed this adversary proceeding seeking a denial of Debtor Robert Anthony Salazar's discharge pursuant to 11 U.S.C. 727(a)(3), (4) and (5). For the reasons stated at the conclusion of the trial held on November 8, 2016, as supplemented by those that follow, judgment will be entered in favor of the United States Trustee, and the Debtor's discharge will be denied. As relevant here, 727(a) of the...
JUDGMENT The issues of this proceeding having been duly considered by the Honorable Arthur B. Federman, United States Bankruptcy Judge, and a decision having been reached without trial or hearing. IT IS ORDERED AND ADJUDGED : That Judgment by Default is hereby entered in favor of the Plaintiff, The official Committee of Unsecured Creditors of Gas-Mart USA, Inc., et al, and against the Defendant, Buchanan County Collector in the amount of $35,428.61.
JUDGMENT The issues of this proceeding having been duly considered by the Honorable Cynthia A. Norton, United States Bankruptcy Judge, and a decision having been reached without trial or hearing. IT IS ORDERED AND ADJUDGED : that Default Judgment is entered in favor of Plaintiff, KDoL and against the Defendant excepting the above described debt from discharge as having been incurred by false pretenses, a false representation, or actual fraud as provided by 11 U.S.C. 523(a)(2)(A) and 11 U.S....
ORDER DIRECTING THE MISSOURI DEPARTMENT OF REVENUE TO ISSUE THE DEBTOR'S VEHICLE REGISTRATION RENEWAL CYNTHIA A. NORTON , Bankruptcy Judge . Chapter 13 Debtor Miesha C. Caldwell filed a "Motion for Personal Property Tax Waiver." In sum, the Debtor is asking the Court to either require Clay County, Missouri, to issue a waiver of the payment of personal property taxes that came due on her vehicle December 31, 2015, or, alternatively, to require the Missouri Department of Revenue to issue the...
JUDGMENT The issues of this proceeding having been duly considered by the Honorable Cynthia A. Norton, United States Bankruptcy Judge, and a decision having been reached without trial or hearing. IT IS ORDERED AND ADJUDGED : Default Judgment entered against Defendant Justin E. Acker and Determination of Non-Dischargeability. A. Specifically, the Court finds that the obligation evinced by Exhibits A and B to the Complaint which constitutes Plaintiffs determination finding an obligation in...
JUDGMENT The issues of this proceeding having been duly considered by the Honorable Cynthia A. Norton, United States Bankruptcy Judge, and a decision having been reached without trial or hearing. IT IS ORDERED AND ADJUDGED : The Court enter its judgment in favor of the trustee and against the Defendant avoiding the transfer; allowing the trustee to treat Claim 6 as a non-priority unsecured claim; preserving the property for the benefit of the bankruptcy estate as provided in 11 U.S.C. 550...
MEMORANDUM OPINION THE HONORABLE DENNIS R. DOW , UNITED STATES BANKRUPTCY JUDGE . Before the Court is an objection by John Reed, Trustee ("Trustee") to the claim by Debtor Carol Lee Helming ("Debtor") of exemption in an annuity pursuant to Mo. Rev. Stat. 513.430.1 (10)(e). This Court has jurisdiction over this proceeding pursuant to 28 U.S.C. 1334(b), 157(a) and 157(b)(1). This is a core proceeding, pursuant to 28 U.S.C. 157(b)(2)(B) and (A) which this Court may hear and...
JUDGMENT This proceeding having come on for trial or hearing before the court, the Honorable Arthur B. Federman, United States Bankruptcy Judge, presiding, and the issues having been duly tried or heard and a decision having been rendered. IT IS ORDERED AND ADJUDGED : For the reasons stated in the Memorandum Opinion entered this same date, the Clerk of Court is ORDERED to enter judgment in favor of Debtor—Defendant Lisa Marie McGinnis. The Debtors debt to the Missouri Family Support Division...
MEMORANDUM OPINION Arthur B. Federman , Bankruptcy Judge . The Missouri Department of Social Services, Family Support Division (the "DFS"), filed this adversary proceeding against Debtor-Defendant Lisa Marie McGinnis, asking that an alleged debt for overpayment of food stamp assistance be declared nondischargeable pursuant to 11 U.S.C. 523(a)(2)(A) and (a)(2)(B). For the reasons that follow, the Clerk of Court will be ordered to enter Judgment in favor of Debtor-Defendant Lisa Marie...
JUDGMENT The issues of this proceeding having been duly considered by the Honorable Arthur B. Federman, United States Bankruptcy Judge, and a decision having been reached without trial or hearing. IT IS ORDERED AND ADJUDGED : That Judgment by default is hereby entered in favor of the Plaintiff and against the defendant, Scott Alan Lucas in the amount of $3,351.83. The defendant's obligation to the Kansas Department of Labor("KDol") is NON-DISCHARGEABLE. Judgment is further entered against...
JUDGMENT The issues of this proceeding having been duly considered by the Honorable Arthur B. Federman, United States Bankruptcy Judge, and a decision having been reached without trial or hearing. IT IS ORDERED AND ADJUDGED : That Judgment by default is hereby entered in favor of the Plaintiff and against the defendant, Cassandra Denise Michenhamer in the amount of $4,204.04. The defendant's obligation to the Kansas Department of Labor("KDol") is NON-DISCHARGEABLE. Judgment is further...
JUDGMENT The issues of this proceeding having been duly considered by the Honorable Dennis R. Dow, United States Bankruptcy Judge, and a decision having been reached without trial or hearing. IT IS ORDERED AND ADJUDGED : the described unemployment insurance benefit indebtedness owed by Defendant Leak to KDoL in the amount of $2167 and interest as imposed pursuant to K.S.A. 44-719(d)(2), which interest has accrued in the amount of $921.68 as of the filing of the lead bankruptcy matter herein,...
JUDGMENT The issues of this proceeding having been duly considered by the Honorable Cynthia A. Norton, United States Bankruptcy Judge, and a decision having been reached without trial or hearing. IT IS ORDERED AND ADJUDGED : 1. Default judgment is entered in favor of the Plaintiffs. 2. The loans held or serviced by the Defendants are not excepted from discharge and were in fact discharged by order of this Court on 11/18/2015.
ORDER GRANTING MOTION TO SPEND INHERITANCE and DENYING THE TRUSTEE'S MOTION TO AMEND PLAN and ORDERING THAT THE DEBTORS OTHERWISE AMEND THEIR PLAN Arthur B. Federman , U.S. Bankruptcy Judge . Chapter 13 Debtors Keith and Michele Portell filed a Motion to spend an inheritance which Keith Portell received postpetition. The Debtors are proposing to use a portion of the inheritance pay off all the debts on which Keith Portell is obligated, including the Debtors' residential mortgage, and keep...
JUDGMENT The issues of this proceeding having been duly considered by the Honorable Arthur B. Federman, United States Bankruptcy Judge, and a decision having been reached without trial or hearing. IT IS ORDERED AND ADJUDGED : That in accordance with the Stipulation for Judgment (Doc. 40), filed in the aboved styled Adversary Proceeding on 9/1/2016, and the Order Approving the Stipulation for Judgment(Doc. No. 41), entered by the court on 9/7/2016, JUDGMENT IS HEREBY ENTERED in favor of the...
JUDGMENT The issues of this proceeding having been duly considered by the Honorable Cynthia A. Norton, United States Bankruptcy Judge, and a decision having been reached without trial or hearing. IT IS ORDERED AND ADJUDGED: Debtors Donna M. Preszler and Terrance W. Preszler are denied a discharge, pursuant to 11 U.S.C. 523(a)(2)(A), Debtors Donna M. Preszler and Terrance W. Preszler are denied a discharge, pursuant to 11 U.S.C. 523(a)(4), and Debtors Donna M. Preszler and Terrance W....
JUDGMENT The issues of this proceeding having been duly considered by the Honorable Arthur B. Federman, United States Bankruptcy Judge, and a decision having been reached without trial or hearing. IT IS ORDERED AND ADJUDGED : That in Accordance with the Stipulation regarding Agreed Order for Entry of Judgment between Melissa F Johnson and MOHELA(Doc.#37), and the Order for Judgment(Doc. #38), judgment is entered in favor of the Plaintiff Melissa F. Johnson and against the Defendant, The...
