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Summary: 215 B.R. 720 (1998) In re John P. LADIKA, Geraldine A. Ladika, Debtors. The debtor, John F. Ladika, appeals from a decision by the bankruptcy court[1] to convert the debtors' Chapter 13 case to a Chapter 7 case after a hearing on the motion to convert filed by the Internal Revenue Service. FACTS On February 28, 1997, John P. Ladika and his spouse, Geraldine A. Ladika, filed a voluntary petition for relief under Chapter 13 of the Bankruptcy Code. At the hearing, John Ladika stated that the debtor......read more.


Summary: 387 B.R. 574 (2008) In re FUTURE TRUST, INC., Debtor. Omega Consulting ("Omega") as assignee of Table Rock Business Services, Inc. ("Table Rock") appeals the order of the bankruptcy court[1] denying Omega's application for payment of unclaimed funds from the Chapter 11 bankruptcy estate of Future Trust, Inc. ("Debtor"). The Debtor was supposed to hold the customers' money in trust; however, the Debtor, its parent company Table Rock, and others misappropriated funds received from customers for fu......read more.


Summary: 255 B.R. 214 (2000) In re Richard C. TOLBERT, Debtor. Richard C. Tolbert, Appellant, v. Richard Fink, Trustee, Appellee. The debtor, Richard C. Tolbert, ("Debtor") appeals the bankruptcy court[1] order dismissing the Debtor's Chapter 13 bankruptcy filing with prejudice pursuant to 11 U.S.C. § 109(g).


Summary: 352 B.R. 91 (2006) In re Jeri Lynn LEE, Debtor. Jeri Lynn Lee, Plaintiff-Appelee, v. Regions Bank Student Loans; Defendant, Student Loan Guarantee Foundation of Arkansas, Defendant-Appellant. III DISCUSSION Applying the "totality of circumstances test" prevailing in this jurisdiction, the bankruptcy court examined the debtor's past, present, and reasonably reliable future financial resources; the debtor's reasonable living expenses; and other relevant facts surrounding this debtor's particular c......read more.


Summary: 267 B.R. 839 (2001) In re Marilyn M. MOSS, a/k/a Marilyn M. Bryant, a/k/a Marilyn Margaret Bryant, a/k/a Marilyn Moss Bryant, a/k/a M. Margaret Bryant, a/k/a Marilyn Wall Bryant, a/k/a Margaret Whitman Bryant, a/k/a Margaret "Peggy" Whitman, a/k/a Margaret Whitman "Peggy" Bryant, a/k/a Margaret Bryant, a/k/a Marge Bryant, a/k/a Mari Bryant, a/k/a Mary Bryant, a/k/a Anne Bryant, a/k/a Anne Whitman, a/k/a P.M. Whitman, a/k/a Anne Margaret Whitman, a/k/a Anne M. Whitman Bryant, a/k/a Anne Margaret ......read more.


Summary: 238 B.R. 796 (1999) In re Jesus E. CANTU, Debtor. In the instant case, the Debtor signed the loan agreement on July 7, 1997, and on *798 the same date, the Credit Union issued the funds advance voucher, fully describing the collateral by make, model, year, and vehicle identification number. On July 7, 1997, the Credit Union also issued a check for the loan proceeds payable to the Debtor and to the automobile dealer from whom Debtor intended to purchase the described vehicle. The Trustee suggests......read more.


Summary: 317 B.R. 525 (2004) In re David M. AUSTIN, Debtor. Donald E. Waring, Plaintiff-Appellee, v. David M. Austin, Defendant-Appellant. SCHERMER, Bankruptcy Judge, David M. Austin ("Debtor") appeals the bankruptcy court's order and judgment execpting from discharge his obligation to Donald E. Waring ("Creditor") pursuant to 11 U.S.C. § 523(a)(2)(A). ISSUES The issues raised by the Debtor are whether the court erred in finding that the Debtor made a false representation to the Creditor, that the Debtor......read more.


Summary: 451 B.R. 468 (2011) In re Theodore Stephen WOLK, Debtor. [1] Following remand *470 for consideration of the effect of 11 U.S.C. § 544(a)on the trustee's motion to sell, the bankruptcy court[2] entered judgment on April 29, 2011, denying the trustee's request to sell jointly-owned real estate free and clear of the defendant co-owner's interest pursuant to 11 U.S.C. § 363(b) and (h). The trustee sought a court order authorizing him to sell the property under § 363(b) and (h),[3] arguing that parti......read more.


Summary: 242 B.R. 450 (1999) In re Mary Beth USERY, Debtor. Ewing B. Gourley and Carol L. Gourley, Plaintiffs-Appellants, v. Mary Beth Usery; Steven Usery; and Mark Gardner, Defendants-Appellees. Mary Beth Usery; Steven Usery; Mark Gardner, Trustee of the Shawn Usery Trust and the Stephanie Usery Trust; and William Hart, Trustee Under Certain Deeds of Trust, Plaintiffs-Appellees, v. Ewing B. Gourley; Carol L. Gourley; E.B.G. Health Care III, Inc.; E.B.G. Health Care IV, Inc.; Health Care Retirement Villa......read more.


Summary: 233 B.R. 85 (1999) In re Howard J. and Myra DANZIG, Debtors. Robert L. and Anna K. Guy, Plaintiffs-Appellants, v. Howard J. Danzig, Defendant-Appellee. *88 Howard J. Danzig, St. Louis, Missouri, appellee pro se. Appellants Robert L. and Anna K. Guy ("Guys"), appeal the Orders of the bankruptcy court[1] denying their Petitions for Revival of Judgment against Debtor Howard Danzig ("Danzig") as being timebarred, and its Order denying their Motions to Alter or Amend Judgment or for New Trial. Danzig......read more.


Summary: 377 B.R. 207 (2007) In re VALLEY FOOD SERVICES, LLC, Debtor. Valley Food Services, LLC, Plaintiff-Appellee, v. Peggy J. Schoenhofer, Defendant-Appellant. Debtor, Valley Food Services, LLC ("Valley Food"), entered into a distribution agreement with Schoenhofer whereby Valley Food agreed to provide Schoenhofer with food products for her Kentucky Fried Chicken restaurant (the "Distribution Agreement"). Jones stated in the June 1 letter that Valley Food had placed Schoenhofer on a cash only basis in......read more.


Summary: 274 B.R. 789 (2002) In re Ronald J. NELSON, Debtor. Ronald J. Nelson, Debtor-Appellant, v. James E. Ramette, Trustee-Appellee, Richard Schieffer, and the law firm of Anderson, Dove, Fretland & Van Valkenburg, Creditor-Appellee. Debtor/Appellant Ronald J. Nelson was awarded an interest in his former spouse's ERISA-qualified retirement plan in the amount of approximately $71,000.00 pursuant to a divorce decree and a Domestic Relations Order. Factual Background Ronald J. Nelson was divorced from De......read more.


Summary: 208 B.R. 918 (1997) In re Jay Worley KINGSLEY and Charlene Kay Kingsley, Debtors. Danny R. NELSON, Trustee, Plaintiff-Appellee, v. Charlene Kay KINGSLEY, Defendant-Appellant, Banc One Corporation; Southern National Corporation, formerly known as BB & T Financial Corporation; and Promise Land Express Trust, a Missouri Express Trust, Defendants, Kiman Jay Kingsley, Individually and as Co-Trustee of Promise Land Express Trust; Kaleb Milferd Kingsley, Individually and as Co-Trustee of Promise Land E......read more.


Summary: 457 B.R. 9 (2011) In re Edward D. BANKS and Diane Marie Banks, Debtors. Edward D. Banks and Diane Marie Banks, Plaintiffs-Appellants, v. Kondaur Capital Corporation, Defendant-Appellee, Shapiro & Zielke, LLP, formerly known as Shapiro Nordmeyer & Zielke, Defendant. The Debtors, Edward and Diane Banks, appeal the bankruptcy court's entry of summary judgment in favor of Defendant Kondaur Mortgage Corp. in the Debtors' adversary action seeking, inter alia, to avoid Kondaur's mortgage lien on the De......read more.


Summary: 246 B.R. 357 (2000) In re DIGITAL RESOURCE, LLC, Debtor. Digital Resource, LLC, Plaintiff-appellee, Signal Bank National Association, Intervenor plaintiff, v. Abacor, Inc., a Minnesota corporation formerly known as Alderbrook Technologies, Inc.; James A. Lostetter; Randy J. Lostetter, Defendants-appellants. Digital Resource, LLC, Plaintiff-appellee, Signal Bank National Association, Intervenor plaintiff, v. Christopher A. Grove; Severson, Sheldon, Dougherty & Molenda, P.A.; Appellants, Abacor, I......read more.


Summary: 426 B.R. 796 (2010) In re M & M MARKETING, L.L.C., Debtor. In re Premier Fighter, L.L.C., Debtor. Shortly thereafter, M & M Marketing made the following payments to three of the Petitioning Creditors: ---------------------------------------------------- Recipient Amount Date ---------------------------------------------------- Jerry Cronk $250,000 May 14, 2007 ---------------------------------------------------- Phillip Cronk $280,000 May 3......read more.


Summary: 214 B.R. 362 (1997) In re Caryn MERRIFIELD, Plaintiff—Appellant. *363 *364 Allen I. Harris, St. Louis, MO, for Plaintiff/Appellant. The debtor, Caryn Merrifield, appeals an order of the bankruptcy court[1] denying her request to avoid a pre-petition transfer pursuant to 11 U.S.C. § 548.


Summary: 212 B.R. 604 (1997) In re Howard John TATGE, Debtor. Pamela TATGE, Plaintiff-Appellee, v. Howard John TATGE, Defendant-Appellant. I. FACTUAL BACKGROUND On March 1, 1990, the eleven-year marriage of Debtor and Appellee, Pamela Tatge ("Pamela"), was dissolved in Illinois state court. The Settlement Agreement provided that Debtor would quitclaim any interest he had in the home to Pamela and Debtor would assume and pay the mortgage payments of $430 per month. The Settlement Agreement further provide......read more.


Summary: 252 B.R. 769 (2000) In re Roy GREEN, Debtor. Homeside Lending, Inc., Appellant, v. Roy Green, Debtor, and David D. Coop, Trustee, Appellees. The debtor, Roy Green, filed a petition under Chapter 13 of the Bankruptcy Code on August 4, 1999. On April 5, 2000, the bankruptcy court[1] entered an order confirming the debtor's Chapter 13 plan.


Summary: 212 B.R. 599 (1997) GREENWOOD TRUST CO. and Discover Card, Inc., Plaintiffs/Appellants, v. Florence J. SMITH, Debtor/Appellee. GREENWOOD TRUST CO. and Discover Card, Inc., Plaintiffs/Appellants, v. Jill Renee LENAHAN, Debtor/Appellee. GREENWOOD TRUST CO. and Discover Card, Inc., Plaintiffs/Appellants, v. Konrad Stefan MONTSKO, Debtor/Appellee. Greenwood Trust Company and Discover Card Services, Inc. (collectively, "Greenwood") appeal from the decision of the United States Bankruptcy Court for th......read more.