Missouri Bankruptcy Law

Garrett Loomis vs. Scott Bowers and Lea Booker

<center><h3><h3>Liberty, Missouri - Personal Injury lawyer represented appellant with appealing from asserted claims for negligence and negligent infliction of emotional distress. </h3></center> On December 25, 2017, Loomis spent 30 minutes to an hour inside of the Ameristar Casino ("Ameristar") in Kansas City, Missouri. Loomi... More...

$0 (04-06-2022 - MO)

United States of America v. Gilbert Lundstrom

<center><h2> St. Louis, MO - Criminal defense lawyer represented defendant with a thirteen-count indictment with conspiracy to commit wire fraud affecting a financial institution, to commit securities fraud, and to falsify bank entries; wire fraud affecting a financial institution; securities fraud; and falsifying bank entries charge. </h2></center> <cente... More...

$0 (01-14-2022 - MO)

United States of America v. Susan Bala

<center><h2><center> St. Louis, MO - Criminal defense lawyer represented defendant with federal gambling and money laundering chargers. Bala now petitions for a certificate of innocence, the statutory prerequisite to an action in the Court of Federal Claims seeking damages from the government for wrongful imprisonment </h2></</center> In United States v. ... More...

$0 (10-30-2021 - MO)

United States of America v. Joel Jerome Tucker

Kansas City, Missouri criminal defense lawyer represented Defendant charged with engaging in two separate fraud schemes related to millions of dollars in false payday loan debt and for tax evasion totaling more than $8 million. "After raking in millions of dollars from the victims of his fraud scheme, the defendant lied repeatedly and used every trick in the book to hide his ill-gotten ga... More...

$0 (07-16-2021 - MO)

United States of America v. Del Hodges Kimball

Kansas City, Missouri criminal defense lawyer represented Defendant charged with bankruptcy fraud. Del Hodges Kimball, 54, was charged for engaging in a bankruptcy fraud scheme related to his online payday loan company. "This sentence should convince others that such behavior and actions will not be tolerated in the bankruptcy system,â€ said Acting United States Trustee Dani... More...

$0 (06-28-2021 - MO)

United States of America v. Joel Jerome Tucker

<center> <img width="400" src="https://www.mow.uscourts.gov/sites/mow/files/styles/large/public/KCCourthouse2.jpg?itok=50q8dMoF"> </center> Kansas City, MO - The United States of America charged Joel Jerome Tucker, age 51, with fraud involving false payday loans and tax evasion. A Prairie Village, Kansas, man pleaded guilty in federal court today to engaging in two separ... More...

$0 (07-18-2020 - MO)

Emily Riegel, et al vs. David G. Jungerman, et al

<center><h2> Need help finding a lawyer for representation wrongful death, as well as a fraudulent transfer claim in Missouri? Call 918-582-6422. It's Free. </h2> </center> The plaintiffs in the underlying action are Emily Riegel, and husband and wife Allan and JoAnn Pickert. Riegel is the surviving spouse of attorney Thomas P... More...

$0 (01-04-2020 - MO)

Elaine M. Taylor v. Michael R. Taylor

<center> <img width="300" src="https://www.courts.mo.gov/image/Eastern%20District%20Appellate%20Court.jpg"> </center> Elaine M. Taylor ("Wife") appeals from the trial court's judgment dissolving her marriage to Michael R. Taylor ("Husband"), dividing the parties' marital property, and awarding maintenance and child support. On appeal, Wife contends that the trial court erred in awardin... More...

$0 (12-26-2018 - MO)

Tana S. Cutfliff, et al. v. Nathan Paul Reuter; Kathleen Reuter

Appellants (the “Creditors”) are attempting to collect on judgments against Vertical Group, LLC (“Vertical”) and Nathan Reuter by levying assets now belonging to Nathan’s wife, Kathleen. For the reasons that follow, we affirm the district court’s2 orders granting summary judgment to Kathleen and to Nathan and denying partial summary judgment to the Creditors. I. ... More...

$0 (05-07-2018 - MO)

United States of America v. Kenneth Mabrie

Kansas City, MO - Raytown Landlord Sentenced for Bankruptcy Fraud A Raytown, Mo., man has been sentenced in federal court for engaging in a bankruptcy fraud scheme in order to prevent dozens of rental properties from being sold by the county for failure to pay property taxes. Kenneth Mabrie, 68, of Raytown, was sentenced by U.S. District Judge Brian C. Wimes on Thursday, March 2... More...

$0 (03-23-2018 - MO)

Samuel Topchain v. JPMorgan Chase Bank, N.A.

Samvel Topchian appeals the judgment of the Circuit Court of Jackson County, Missouri, granting summary judgment to JPMorgan Chase Bank, N.A. (Chase), Martin, Leigh, Laws & Fritzlen, PC (MLLF), and Select Portfolio Servicing, Inc. (SPS) on Topchian’s claims of breach of contract (against Chase), violations of the Missouri Merchandizing Practices Act (MMPA) (against Chase, MLLF, a... More...

$0 (11-28-2017 - MO)

In re: Paul M. Wojciechowski; Mary E. Wojciechowski, also known as Mary Aubertin

Susan H. Mello and Susan H. Mello, LLC (collectively, "Mello") appeal the October 21, 2016 order of the bankruptcy court1 confirming Debtors Paul M. Wojciechowski and Mary E. Wojciechowski's second amended plan.2 We affirm. BACKGROUND Debtors filed a petition for relief under chapter 13 of the bankruptcy code in April 2016. Debtors listed Mello, who had represented Debtor Paul ... More...

$0 (06-15-2017 - MO)

Samantha Jenkins v. City of Jennings, Missouri

St. Louis, MO - Missouri City Settles Debtors' Prison Civil Rights Violation Claims Samantha Jenkins and others sued The City of Jennings on civil rights violation theories claiming: 1. The Plaintiffs in this case are each impoverished people who were jailed by the City of Jennings because they were unable to pay a debt owed to the City from traffic tickets or other minor... More...

$4700000 (07-17-2016 - MO)

William Needler v. Daniel Casamatta

William L. Needler and William L. Needler and Associates, Ltd. (collectively “Needler”) appeal from an order of the bankruptcy court1 imposing sanctions against Needler and a subsequent order denying Needler’s motion to reconsider. We have jurisdiction over this appeal from entry of the bankruptcy court’s final order pursuant to 28 U.S.C. § 158(b). For the reasons set fort... More...

$0 (08-12-2015 - MO)

Phil Rosemann v. Martin Sigillito

Phil Rosemann appeals the district court's adverse grant of summary judgment in this diversity action alleging legal malpractice against now-disbarred attorney Martin Sigillito. We agree with the district court that in negligence cases like this one, Missouri law requires expert-witness testimony about the duty of care owed. Without providing an expert, Rosemann's claim is invalid.... More...

$0 (05-04-2015 - MO)

United States of America v. Richard F. Turner

KANSAS CITY, Mo. â€“ Tammy Dickinson, United States Attorney for the Western District of Missouri, and Chris Koster, Missouri Attorney General, announced that a Bethany, Mo., attorney pleaded guilty today in federal court for stealing more than $540,000 from his elderly client. Richard F. Turner, 39, of Bethany, pleaded guilty to U.S. District Judge David G. Kays to an information ch... More...

$0 (11-26-2014 - MO)

United States of America v. Irene Marie Brooner

KANSAS CITY, Mo. â€“ Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Kansas City, Mo., woman pleaded guilty in federal court today to a nearly $3 million fraud scheme that forced her employer out of business. Irene Marie Brooner, 52, of Kansas City, pleaded guilty before U.S. District Judge Beth Phillips to bank fraud. Bro... More...

$0 (10-22-2014 - MO)

Hallmark Cards v. Monitor Clipper Partners

Hallmark Cards, Inc. (Hallmark), hired Monitor Company Group, L.P. (Monitor), to compile research on the greeting cards market. Monitor transmitted confidential market research it had prepared for Hallmark to a private equity firm called Monitor Clipper Partners, LLC (Clipper), the defendant in this litigation. Clipper used this information to purchase and subsequently manage a com... More...

$0 (07-15-2014 - MO)

Rhonda Parrott v. Severs Trucking, LLC and Brandon G. Black

Rhonda Parrott ("Plaintiffâ€) filed a wrongful death action against Brandon Black and Severs Trucking, LLC ("Seversâ€), (collectively "Defendantsâ€) for the death of her husband James Parrott ("Jamesâ€).1 Defendants appeal the trial court's judgment entered on a jury verdict in favor of Plaintiff. Defendants raise seven points of alleged trial court error. Defendants' first poi... More...

$0 (02-10-2014 - MO)

Davis R. Conway v. Citimortgaqe, Inc.

Davis Conway and Sheri Conway ("the Conwaysâ€) appeal from the judgment of the trial court that granted the joint motion of CitiMortgage, Inc. and the Federal National Mortgage Association ("Fannie Maeâ€) to dismiss the Conways' First Amended Petition. Finding no error, we affirm. In 2007 the Conways purchased real property located at 4156 Hueffmeier Road ("Hueffmeier Propertyâ... More...

$0 (12-03-2013 - MO)

Terry Clark v. David Francis

Terry Clark appeals the denial of his declaratory judgment action against David Francis, in which Clark sought a declaration that he and Francis had a partnership agreement as to ownership of certain business entities. Clark argues that the trial court lacked subject matter jurisdiction over the claim because some of the property owned by the entities was located in Kansas. Clark further argues th... More...

$0 (10-29-2013 - MO)

Darren Berry v. Volkswager Group of America, Inc.

Volkswagen Group of America, Inc. (hereinafter, "Volkswagenâ€) seeks review of the trial court's judgment awarding the attorneys in the underlying class action lawsuit attorneys' fees. Volkswagen raises five points on appeal challenging the lodestar amount and the multiplier that the trial court applied. This Court finds that the lodestar amount was within the trial court's discretion.... More...

$0 (04-09-2013 - MO)

Christopher Freitas v. Wells Fargo Home Mortgage, Inc

Christopher and Diane Freitas ("appellants") attempted to negotiate a mortgage modification with their home mortgage loan servicer, Wells Fargo Home Mortgage, Inc. ("Wells Fargo"). After receiving conflicting information from Wells Fargo representatives, appellants stopped paying on their mortgage loan. Wells Fargo initiated foreclosure, and appellants sued for fraudulent misrepresentation and pro... More...

$0 (01-16-2013 - MO)

Robert Young v. Allstate Insurance Company

Robert and Ethel Young appeal the district court's grant of summary judgment in favor of Allstate Insurance Company ("Allstateâ€). The Youngs filed this action to recover for losses sustained after a fire damaged their home. Allstate denied the Youngs' insurance claim, asserting that the Youngs misrepresented material facts regarding their losses. The district court granted summary judgment f... More...

$0 (07-24-2012 - MO)

Montgomery Bank, N.A. v. Marsha Steger

Montgomery Bank, N.A. ("Bank") appeals the February 22, 2012 judgment of the bankruptcy court dismissing Bank's 1 complaint against Debtor Marsha Steger ("Debtor"). We affirm. BACKGROUND Debtor and James Clay Waller ("Waller") were the only members of Triple C Development, LLC ("Triple C"). Debtor handled the books; presumably, Waller handled everything else. In February 2008,... More...

$0 (06-14-2012 - MO)

Jody May Walters v. Bank of the West

In 2002 and 2004, Jody Walters and her husband David guaranteed loans by Bank of the West involving David's then-profitable home building enterprise, Walters Homes Ltd. With the loans in default, Bank of the West obtained three Iowa state court judgments in 2008 and 2009 against Mrs. Walters and others totaling well in excess of the value of her present home. Mrs. Walters filed for Chapter 7 bankr... More...

$0 (04-09-2012 - MO)

Crest Construction II v. John Doe

Crest Construction II, Inc. (Crest) and Metro Energy, Inc. (Metro) (collectively, Plaintiffs) brought this action against several defendants alleging violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act, 28 U.S.C. Â§ 1961 et seq., and raising several state law causes of action. The district court2 granted the Defendants' motion to dismiss the RICO claim and declined to exe... More...

$0 (10-31-2011 - MO)

Catherine Ndegwa v. KSSO, LLC

KSSO, LLC (Appellant) appeals from the trial court's Order and Judgment granting partial summary judgment to Catherine Ndegwa (Ndegwa) and Ndegwa and Anale Mrema (Anale), as legal co-guardians for John Mrema (Mrema) (collectively Respondents),1 on Count III of Respondents' first amended petition, and quieting title of certain property in Ndegwa as Trustee of the Mrema Family Revocable Trust. We af... More...

$0 (10-11-2011 - MO)

Rick D. Lange v. Inova Capital Funding, LLC

This case concerns the bankruptcy estate of Qualia Clinical Service, Inc. ("Qualiaâ€). The estate's Chapter 7 Trustee ("Trusteeâ€) seeks to avoid as a preferential transfer a security interest recorded by one of Qualia's creditors shortly before the bankruptcy petition. The bankruptcy court2 and the Bankruptcy Appellate Panel of this court ("BAPâ€) held the security interest avoidab... More...

$0 (08-30-2011 - MO)

Michele Walker v. Educational Credit Management

The Educational Credit Management Corporation (ECMC) appeals from the judgment of the bankruptcy court, later affirmed by the Bankruptcy Appellate Panel (BAP), which discharged the student loan debt of Michele D. Walker (Walker) under the "undue hardshipâ€ provision of 11 U.S.C. Â§ 523(a)(8). We affirm. I. We summarize the relevant facts as outlined in Walker v. Education Cred... More...

$0 (08-18-2011 - MO)

Nancy Burnett v. Clarence Burnett

Clarence Burnett ("Mr. Burnett") reopened his Chapter 13 bankruptcy proceedings and, thereafter, moved the bankruptcy court to hold in contempt his former spouse, Nancy Jo Burnett ("Ms. Burnett"), and her subrogee, West Virginia's Department of Health and Human Resources, Bureau of Child Support Enforcement (BCSE), for violating the terms of Mr. Burnett's confirmed Chapter 13 repayment plan by see... More...

$0 (07-20-2011 - MO)

Wanda Bates v. BAC Home Loans

Wanda Ann Bates appeals from the bankruptcy court's1 order denying her motion for reconsideration of an order in which the court had vacated an order that granted the debtor's motion to cancel a foreclosure sale. We affirm. BACKGROUND Wanda Bates filed a chapter 13 petition on July 21, 2008. Her case was dismissed on June 15, 2009 for failure to make plan payments. She filed a chapte... More...

$0 (03-23-2011 - MO)

Larry Treadwell v. Glenstone Lodge, Inc.

Larry Weldon Treadwell and his wife, Carole Elaine Treadwell, arranged and presented a Red Hat Society event for hundreds of women at Glenstone Lodge, Inc. (Glenstone) in Gatlinburg, Tennessee. The Treadwells promised to pay the hotel bill, but skipped town without paying. As a result, the Treadwells owe Glenstone over $150,000. When Glenstone tried to foreclose on the Treadwells' Missouri home to... More...

$0 (03-09-2011 - MO)

Mid-City Bank v. Skyline Woods Homeowners Association

If so authorized, the purchaser of real property from a bankruptcy estate acquires title to the land "free and clear of any interestâ€ identified in 11 U.S.C. Â§ 363(f). After an affiliate of Liberty Building Corporation ("Libertyâ€) purchased the Skyline Woods Golf Course in Douglas County, Nebraska, from the estate of a Chapter 11 debtor, residents of the surrounding planned communit... More...

$0 (02-22-2011 - MO)

Joseph Terry v. Standard Insurance Company

The Standard Insurance Company appeals1 from an order of the bankruptcy court granting the debtor's complaint for a declaratory judgment. The court determined that Standard may not recoup $45,316.54 of disability insurance "overpaymentsâ€ from the debtor's future disability payments. For the reasons below, we reverse and remand. BACKGROUND The facts were established by stipu... More...

$0 (01-28-2011 - MO)

Nathan Paul Reuter v. Tana S. Cutcliff

The debtor appeals from orders of the bankruptcy court1 denying confirmation of his Chapter 11 plan, granting the creditors' motion to convert the case to Chapter 7, and entering judgment in favor of the creditors on certain dischargeability claims raised in an adversary proceeding. For the reasons stated below, we affirm. I. Background Mr. Reuter, the debtor, was a founding member o... More...

$0 (01-31-2011 - MO)

Avery Hutcheson v. Electronic Data Access Technologies, Inc.

Avery Hutcheson ("Hutchesonâ€) appeals from the trial court's dismissal of his case for failure to prosecute. Hutcheson contends the trial court erred: (1) in dismissing his Missouri Human Rights Act claims without prejudice and without notice and opportunity to be heard, and (2) in denying his unopposed motion to vacate the dismissal for failure to prosecute without a hearing. We reverse and... More...

$0 (12-21-2010 - MO)

Cargill, Inc. v. Charles Poeppelmeyer

Cargill, Inc. ("Appellant") appeals the trial court's denial of its motion to confirm an arbitration award against Charles Poeppelmeyer ("Respondent") pursuant to the terms of a futures contract. We reverse the trial court's decision because it was not based on substantial evidence in that no evidence was taken. Before the trial court were simply allegations and admissions from the pleading... More...

$0 (12-21-2010 - MO)

Fred Charles Moon v. Virgil Hurd, Jr.

Fred C. Moon, Chapter 7 trustee (the "Trusteeâ€) for the bankruptcy estate of Virgil Hurd, Jr. (the "Debtorâ€), appeals from an order overruling the Trustee's objection to the Debtor's claim of an exemption in a 1997 Wrangler Gooseneck 2 Horse Trailer (the "Trailerâ€) pursuant to Â§ 513.430.1(6) of the Missouri Revised Statutes. We have jurisdiction over this appeal from the final... More...

$0 (12-15-2010 - MO)

Diane Chorosevic v. MetLife Choices

Appellant Lawrence Chorosevic pursues this ERISA2 action on behalf of himself and others similarly situated, alleging that Appellees improperly calculated secondary health benefits owed to him for services rendered in 2004. The district court3 denied class certification and granted Appellees' motion for summary judgment due to Chorosevic's failure to exhaust available administrative remedies. Chor... More...

$0 (04-02-2010 - MO)