WESTERN DISTRICT OF MISSOURI OPINIONS

Judge Dow Opinions

Judge Federman Opinions

Judge Venters Opinions


Written by Rachel Lynn Foley, Kansas City Missouri Bankruptcy Attorney.

n re Dawson, Case No. 06-30322; Adversary Case No. 07-3027

Creditor's purported lien on vehicle purchased in Arkansas but located in Missouri as of the petition date was unperfected because, under Mo. Rev. Stat. 301.600(a)(2)(B), three-month grace period for vehicles perfected outside of Missouri did not apply where evidence showed that the parties understood that vehicle was to remain in Missouri.

Date of opinion: 2/14/08


Full opinion click here.

In re Burden, Case No. 07-50366

Debtors could not claim "means test" deductions for payments on debts secured by two pieces of property they intend to surrender. In the absence of these deductions, the Debtors have sufficient disposable income to trigger the presumption of abuse under section 707(b)(2) of the Bankruptcy Code.

Date of the decision: 12/20/07

Full opinion click here.

Francisco Armando Sherman, Debtor, Francisco Armando Sherman, Plaintiff v. Mohela, et al., Defendants.

Student loans imposed undue hardship and were therefore dischargeable under section 523(a)(8) where Debtor suffered a severe brain injury which left him unable to earn a salary sufficient to repay the loans. Decision based in part on lenders' failure to offer any affirmative evidence that Debtor could obtain more lucrative employment.

Date of decision: 8/15/07

Full opinion click here.

Laquita Joy Rollins. Case No. 07-50276

Debtor engaged in credit counseling profession could not claim "tool of trade" exemption in certificate of deposit required by state for Debtor to receive immediate payment for services rendered to clients.

Date of decision: 8/17/07

For full opinion click here.

Robert Joe Poindexter, Debtor, Robert Joe Poindexter, Plaintiff v. Southwest Missouri Bank, Defendant. Adversary No. 07-3014

Creditor violated the discharge injunction of section 524 when it took steps to collect a discharged debt beyond the mere "receipt" of voluntary payments. Creditor's knowing and willful violation of discharge injunction warranted award of actual and punitive damages.

Date of discharge: 9/12/07

Full opinion click here.

Havens Steel Co. v. Driscoll/Hunt (In re Havens Steel): Adversary No. 07-4067

Portion of creditor's claim attributable to invalid "pass-through" claims disallowed.

Date of decision: 10/9/07

Full opinion click here.