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Summary: 171 B.R. 61 (1994) In re James M. WILMSMEYER, Carol A. Wilmsmeyer, Debtors. STATEMENT OF FACTS Security Pacific Housing Services, Inc., ("SP"), an oversecured creditor, challenges the discount rate applied to its claim pursuant to James and Carol Wilmsmeyer's, ("Debtors"), Chapter 13 plan and Local Rule 13-2(g). Debtors filed a Chapter 13 bankruptcy petition and filed a Chapter 13 plan which provided that SP's secured claim would be paid in full and receive interest at *62 the rate of 9.5% inter......read more.


Summary: 147 B.R. 189 (1992) In re VALLEY STEEL PRODUCTS COMPANY, INC., et al., Debtors. VALLEY STEEL PRODUCTS COMPANY, INC., Plaintiff, v. DARCO a/k/a DARCO Supply, Inc., a Texas corporation, Double Check, a Texas company, and Richard R. Gerring, an individual, Defendants. PROCEDURAL BACKGROUND (1) The Debtor, Valley Steel Products Company, Inc. (Valley), filed its voluntary petition for reorganization under Chapter 11 of the Bankruptcy Code on February 4, 1992. (2) On August 5, 1992, Debtor filed an Ad......read more.


Summary: 37 B.R. 195 (1984) In re Earl JONES and Queen Esther Jones, Debtors. MISSOURI DIVISION OF FAMILY SERVICES, Plaintiff, v. Queen Esther JONES, Defendant. United States Bankruptcy Court, E.D. Missouri, E.D. March 7, 1984.


Summary: 306 B.R. 655 (2004) In re Seena PHILLIPS, Debtor. There was testimony by Debtor, Seena Phillips (hereinafter "Debtor") and Attorney, Ross Briggs (hereinafter "Mr. Briggs"). Case Number 03-54061, was filed by Debtor on October 20, 2003, with Leon Sutton as attorney for Debtor with an address at Critique Legal Services (hereinafter the "First Case"). Mr. Briggs never saw Debtor sign the Voluntary Petition and never met with Debtor prior to filing the Second Case.


Summary: 111 B.R. 235 (1990) In re APEX OIL COMPANY, et al., Debtors. On December 24, 1987, Apex Oil Company, Apex Holding Company, Clark Oil & Refining Corporation and 49 other subsidiaries of Apex Oil Company filed voluntary petitions for reorganization under Chapter 11 of the Bankruptcy Code, 11 U.S.C. Section 1101, et seq. *237 2. On October 11, 1988, Novelly Oil Company and Goldstein Oil Company, the partners of Apex Oil Company, filed voluntary petitions for reorganization under Chapter 11 of the B......read more.


Summary: 144 B.R. 446 (1992) In re Bruce D. RING, Debtor. Debtors, Bruce D. and Lois C. Ring, husband and wife, suffered involuntary Chapter 7 petitions filed against them in this District on November 5, and November 6, 1991, respectively. Theories of Law Based on the chronology of events outlined above, Debtors maintain that both Bruce and Lois established Florida domicile when Bruce first travelled to Florida on May 8, 1991, and stayed with his parents at their home in Sanibel. With respect to Bruce Ri......read more.


Summary: 78 B.R. 946 (1987) In re WISCONSIN BARGE LINE, INC., et al, Debtors. On January 13, 1986, Wisconsin Barge Line, Inc. ("Wisconsin"), CLC of America, Inc. ("CLC"), CLC Barge Line, Inc. ("CLC Barge"), Reidy Terminal, Inc. ("Reidy"), and New Orleans Shipyard, Inc. ("Shipyard") filed their voluntary petitions for relief under Chapter 11 of the Bankruptcy Code. See, for example, In re Wisconsin Barge Line, Inc., 63 B.R. 40 (Bankr.E.D.Mo.1986); In re CLC of America, Inc., 68 B.R. 512 (Bankr.E.D.Mo.1986......read more.


Summary: 334 B.R. 918 (2005) In re Rochelle SOMMERVILLE, Debtor. Rochelle Sommerville, Debtor, filed her Response to Motion for Summary Judgment and Memorandum in Support. Debtor, Rochelle Sommerville, filed for relief under Chapter 13 on November 1, 2004.


Summary: 132 B.R. 403 (1991) In re Eric Carl JOHNSON a/k/a Eric C. Johnson, Debtor. BOATMEN'S NATIONAL BANK, Movant, v. Eric Carl JOHNSON a/k/a Eric C. Johnson and A. Thomas Dewoskin, Trustee, Respondents. The Debtor, Eric Johnson, is a married person.


Summary: 117 B.R. 480 (1990) In re Joe Frank REECE, Debtor. Joe Frank REECE, Plaintiff, v. William S. SCHARF and Loretto F. Scharf, His Wife, Defendants. The matter being considered here is the Plaintiff/Debtor's Amended Complaint to set aside a foreclosure as a fraudulent conveyance and to recover the value which the Debtor believes to be the excess between the amount owed and either the actual value of the real property, or the amount bid at foreclosure.


Summary: 80 B.R. 142 (1987) In re SPICER OAKS APARTMENTS, LTD., Debtor. While the Debtor's general partner is located in St. Louis, Missouri, the Court finds that the Debtor's business records are located in jurisdictions other than Missouri (including records of the Debtor's multi-family apartment project which is managed by a company located in California with an on-site manager in Florida).


Summary: 37 B.R. 468 (1984) In re P.C.A. LANDGRADING AND DESIGN CONTRACTORS, INC., Debtor. In Sequoia Machinery, Inc. v. Jarrett, 410 F.2d 1116 (9th Cir.1969), the court held that harvesting combines used by a debtor in his business of custom combining for farmers were "equipment used in farming" even though the debtor was not a farmer or engaged in his own farming operations.


Summary: 86 B.R. 612 (1988) In re Donald Wayne TUGGLE d/b/a Big Don's Wholesale Fireworks, Debtor. INTRODUCTION On February 9, 1988, Tosco Corporation, Plaintiff, (hereinafter "Tosco") filed a Complaint against Donald Tuggle, Defendant, (hereinafter the "Debtor") seeking to declare his indebtedness in the amount of $229,677.46 nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A). On August 3, 1984, Tosco received *614 the following checks drawn on the account of Big Pop: ......read more.


Summary: 224 B.R. 749 (1998) In re Terry J. MARTIN, Debtor. Terry J. Martin, Elllsberry, MO, Rex Burlison, O'Fallon, MO, for Debtor. Terry J. Martin, Debtor, filed a petition under Chapter 7 of the Bankruptcy Code (11 U.S.C. §§ 101-1330) on April 16, 1996. Alternatively, Debtor argued that he could access the cash surrender values of his policies by taking loans against them, but that such action would decrease the payment to the policies' beneficiaries upon his death and, therefore, contravene subsectio......read more.


Summary: 162 B.R. 242 (1993) In re Alvin LYONS, Debtor. This opinion addresses the issue of whether a debtor in a Chapter 7 case converted from a case filed under Chapter 13, may obtain a discharge when the debtor previously obtained a Chapter 7 discharge within six years from the date of filing of his Chapter 13 case.


Summary: 182 B.R. 810 (1995) In re NORTH PORT ASSOCIATES, INC., Debtor. In re NORTH PORT GOLF ASSOCIATES I, L.P., Debtor. INTRODUCTION Before the Court are two motions: one brought by a third party beneficiary of a real estate sale contract against the seller (Debtor) and buyer seeking specific performance; and the other brought by the buyer seeking rescission of the same contract. The debtors in this action are North Port Associates, Inc., and North Port Golf Associates I, L.P. (collectively "Debtors").......read more.


Summary: 119 B.R. 697 (1990) In re Huldah E. RODE, Debtor. On September 14, 1987, Huldah Rode (the "Debtor") filed a petition for relief under Chapter 7 of Title 11 of the United States Code. Unless such return is fraudulent, or contains a material misrepresentation, the trustee, the debtor, and any successor to the debtor are discharged from any liability for such tax — (1) upon payment of the tax shown on such return, if — (A) such governmental unit does not notify the trustee, within 60 days after suc......read more.


Summary: 101 B.R. 588 (1989) In re VICTOR FOODS, INC., Victor Orlowski, d/b/a Victor Foods, Inc., and as Statutory Trustee of Victor Foods, Inc., Sharon Orlowski, d/b/a Victor Foods, Inc., and as Statutory Trustee of Victor Foods, Inc., and Bruce Nangle, as Statutory Trustee of Victor Foods, Inc., Debtor. On the same date, the Petitioning Creditors filed an Amended Involuntary Petition, naming as Alleged Debtors: Victor Foods, Inc.; and Victor Orlowski, d/b/a Victor Foods, Inc., and as Statutory Trustee ......read more.


Summary: 42 B.R. 636 (1984) In re Rickey Elvis CRUMP and Carolyn Marie Crump, Debtors. Rickey Elvis CRUMP and Carolyn Marie Crump, Plaintiffs, v. TANDY COMPUTER LEASING, INC., a corporation, Defendant.


Summary: 63 B.R. 8 (1985) In re BENNETT PAPER CORPORATION, Debtor. BACKGROUND On May 3, 1985, an involuntary petition was filed against Bennett Paper Corporation. Section 362(a)(1) of the Bankruptcy Code provides that: (a) Except as provided in subsection (b) of this section, a petition filed under section 301, 302, or 303 of this title, or an application filed under section 5(a)(3) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78eee(a)(3)), operates as a stay applicable to all entities, o......read more.