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Summary: 88 B.R. 987 (1988) In re George P. KROH, Debtor. CAPITAL CITY BANK & TRUST, Plaintiff, v. George P. KROH, Defendant. Plaintiff Capital City Bank & Trust (the "Bank") seeks nondischargeability of the debt of George P. Kroh pursuant to 11 U.S.C. § 523(a)(2)(A) and (a)(2)(B). The Bank bases its case against George on an alleged principal-agent relationship between George and his brother, John. Additionally, pursuant to Rule 201(f) F.R.Evid., the Court takes judicial notice of the Findings of Fact a......read more.


Summary: 75 B.R. 612 (1987) In re Joseph H. McCLINTOCK & Helen J. McClintock, Debtors. Joseph H. McCLINTOCK & Helen J. McClintock, Plaintiffs, v. David C. STOVER & The Federal Land Bank of St. Louis, Defendants.


Summary: 50 B.R. 525 (1985) In re PROGRESSIVE FARMERS ASSOCIATION, Debtor. United States Bankruptcy Court, W.D. Missouri, S.D. June 12, 1985. I Debtor was organized to market various products to farmers. Although some of the transactions were never closed, debtor operated the businesses and the properties until shortly before it filed bankruptcy when Lipscomb attempted to accelerate the obligations and reclaim the properties. In the amended complaint for reclamation filed June 3, 1977, Lipscomb pleaded t......read more.


Summary: 190 B.R. 863 (1995) In re Cecil Joe JENNINGS, Debtor. The Chapter 12 Trustee (the "trustee") objects to confirmation of debtor's Chapter 12 plan on the grounds that the plan permits the debtor to make direct payments to impaired secured creditors. For the reasons set forth below, I find that a Chapter 12 debtor may make direct payments to impaired secured creditors if the plan so provides. Debtor filed a Chapter 12 bankruptcy petition on May 22, 1995, and filed a Chapter 12 Plan of Reorganizatio......read more.


Summary: 207 B.R. 882 (1997) In re Timothy William SPIDEL, Debtor. Debtor Timothy William Spidel filed a Chapter 13 bankruptcy petition on December 16, 1996. Mr. Spidel filed an objection to World Saving's proof of claim as to the foreclosure fees. On March 15, 1994, Mr. Spidel and World Savings executed an Assumption Agreement, Release, and Modification of Note and Security Agreement (the "Note") in the principal *884 amount of $47,716.97.During this same period Mr. Spidel and World Savings negotiated a......read more.


Summary: 49 B.R. 565 (1985) In re Pleasant Phillip RANKIN, Sr. and Patricia Ann Rankin, Debtors. Phillip and Patricia Rankin, debtors herein, filed a Chapter 11 petition in July of 1983 to reorganize their dairy farm operation. Both debtors and FmHA subsequently filed § 506 motions requesting the Court to value debtors' real estate, farm equipment, and cattle. Thereafter Land Bank also filed a motion requesting the Court to Order debtors to provide Land Bank with adequate protection in the form of monthl......read more.


Summary: 15 B.R. 346 (1981) In the matter of Lawrence Mitchell ANDERSON, Debtor. Hugh A. MINER, Trustee in Bankruptcy, Plaintiff, v. Lawrence Mitchell ANDERSON, Bernice Anderson, William M. Anderson, and Farmers and Merchants Bank of Hale, Defendants. Hugh A. MINER, Trustee in Bankruptcy, Plaintiff, v. Lawrence Mitchell ANDERSON, Bernice Anderson, William M. Anderson, and Missouri Farmers Association, Inc., Defendants. There is not one scintilla of evidence that Bernice Anderson ever surrendered her inte......read more.


Summary: 77 B.R. 714 (1987) In re Thomas Mitchell DOUGLASS III & Teresa Lynn Douglass, Debtors. If the Court excludes the debt for the residence as directed by 11 U.S.C. § 101(17)(A) and rules that the debts secured by deeds of trust on the service station are not "arising out of a farming operation", then the numbers presented by the parties indicate that debtors do not qualify under the 80% farm arising debt rule of Chapter 12, § 101(17)(A).


Summary: 248 B.R. 356 (2000) In re Jimmie Ray FITZMAURICE, Pamela Kay Fitzmaurice, Debtors. This matter is before the Court on the motion filed by Union Planters Bank, N.A., to dismiss the motion filed by Jimmie and Pamela Fitzmaurice to determine the secured status of Union Planters Bank under 11 U.S.C. § 506 and to avoid liens. *357 Facts On November 17, 1999, Jimmie and Pamela Fitzmaurice filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code. On January 24, 2000, the Fitzmaurice......read more.


Summary: 411 B.R. 636 (2009) In re Larry Weldon TREADWELL and Carole Elaine Treadwell, Debtors. Larry Weldon Treadwell and Carole Elaine Treadwell, Plaintiffs, v. Glenstone Lodge, Inc., Defendant. Glenstone Lodge, Inc., Counter-Claimant, v. Larry Weldon Treadwell and Carole Elaine Treadwell, Counter-Defendants. Debtors Larry and Carole Treadwell filed this adversary proceeding to avoid Defendant Glenstone Lodge, Inc.'s judicial lien on their home. Glenstone Lodge filed a Counterclaim against the Debtors,......read more.


Summary: 15 B.R. 695 (1981) In the Matter of Stephen Wayne UHOCK, Debtor. Stephen Wayne UHOCK, Plaintiff, v. Terry J. UHOCK, Defendant. The parties agree that the sole issue in the case is whether the document attached hereto, and more fully described as the authenticated copy of the Separation Agreement of Plaintiff, Stephen W. Uhock[,] and Defendant, Terry J. Uhock[,] and the Authenticated copy of Decree of Dissolution dissolving the marriage of the Plaintiff, Stephen W. Uhock, and [D]efendant, Terry J......read more.


Summary: 40 B.R. 640 (1984) In the Matter of Henry BLUFORD, and Johnnie M. Bluford, a/k/a Mildred Bluford, Debtors. Henry BLUFORD, and Johnnie M. Bluford, Plaintiffs, v. FIRST FIDELITY MORTGAGE CO., and Tyrus L. Frerking, Defendants. The within action was filed by the plaintiff debtors as a "complaint to set aside foreclosure sale and cancel deed as a fraudulent transfer" in respect of a foreclosure and sale of debtors' residential property during a period of time after these chapter 13 proceedings were ......read more.


Summary: 30 B.R. 757 (1983) In the Matter of Wayne Allen BERGSIEKER and Janet Rosina Bergsieker, Debtors. These considerations appeared to create an issue of fact, in view of the defendant's contention that "the property described in the security agreement was owned by Wayne A. Bergsieker and . . . the signature of Janet R. Bergsieker was solely for releasing any marital interest therein." It appeared to be also an issue of fact, if the property were owned jointly, whether Janet R. Bergsieker may have ex......read more.


Summary: 336 B.R. 148 (2006) In re Maurice Edward HEERLEIN, Jr., Debtor. Before the Court is a Motion to Avoid Judicial Lien pursuant to § 522(f) and Release of Garnished Wages filed by Maurice Edward Heerlein, Jr. ("Debtor"). Debtor also argued that Missouri law does not support Creditor's contention that title to the funds passes from a debtor to a creditor upon entry of an order directing that the funds be paid out to the creditor and that the case law Creditor relies on was based on a now-repealed ru......read more.


Summary: 11 B.R. 515 (1981) In the Matter of BRIARBROOK DEVELOPMENT CORPORATION, Debtor. George H. CLAY, trustee for the liquidation of Briarbrook Development Corporation, Plaintiff, v. TRADERS BANK, Defendant. In the first count, the plaintiff sought, pursuant to section 547(b) of the Bankruptcy Code, to recover a preference allegedly conferred upon the defendant on the basis of the following allegations: "On March 28, 1980, within ninety days before the filing of debtor's voluntary bankruptcy petition,......read more.


Summary: 57 B.R. 75 (1985) In the Matter of Willard Leroy TALLEY, Debtor. The evidence which was then adduced demonstrated the following facts: The former marriage of the plaintiff Willard Leroy Talley and Vera Maxine Talley was dissolved on November 5, 1984, by means of a dissolution decree entered in the Circuit Court of Jasper County.


Summary: 328 B.R. 137 (2005) In re VANTAGE INVESTMENTS, INC., Debtor. The matter before the Court in this Chapter 11 proceeding is the Request for Allowance and Payment of Administrative Expense ("Request") filed by Best Western International, Inc. ("Best Western"), based on a Membership Agreement ("Agreement") between Best Western and Debtor Vantage Investments, Inc. ("Debtor"). In that motion, Debtor sought an order authorizing the assumption of the Agreement with a cure of monetary and other defaults ......read more.


Summary: 128 B.R. 775 (1991) In re Vickie Rene BARTLETT, Debtor. FCC NATIONAL BANK, and ITT Financial Services, and AVCO Financial Services of Rolla, Inc. and United Missouri Bank, N.A., and Mercantile Bank of Illinois, N.A., Plaintiffs, v. Vickie Rene BARTLETT, Defendant. During 1988, the debtor and Mr. Bartlett had taken a number of gambling trips to Las Vegas, during some of which the debtor testified that she observed him win large amounts of money. In February 1990 the debtor and Mr. Bartlett went t......read more.


Summary: 26 B.R. 119 (1983) In the Matter of Ted Eugene BROWN, Debtor. BANK OF EXETER, Plaintiff, v. Ted Eugene BROWN, Defendant. [1] II Further, jurisdiction is proper in the bankruptcy court for the separate and additional reason that the debtor's filing the title 11 proceedings and thereby requesting a discharge in bankruptcy constitutes a consent to the subject-matter jurisdiction of the bankruptcy court to determine the discharge of claims.


Summary: 233 B.R. 423 (1999) In re Anthony Lee WILLIAMS and Dianna Lynne Williams, Debtors. Anthony Lee Williams and Dianna Lynne Williams, Plaintiffs, v. Missouri Southern State College, Student Loan Servicing Center, University Accounting Service, Inc., and U.S. Department of Education, Defendants. Dianna Lynne Williams and her husband, Anthony Lee Williams, the Debtors in these Chapter 7 proceedings, filed a Complaint seeking a discharge of certain student loans obtained by Dianna when she attended co......read more.