Attorney Michael Jon Wambolt's Legal Cases

Bankruptcy and debt

Randy James v. Sharon West, Adversary No. 16-04083

Feb 24, 2017

OUTCOME: Debtor successfully defended all claims brought by judgment creditors and subsequently discharged the judgment debt.

James v. West (In re West), 2017 WL 746250 (Bankr. W.D. Mo. 2017) (Slip opinion). Defended Chapter 7 Debtor against judgment creditors who sought to have judgment of more than a million dollars excepte ... d from discharge pursuant to 11 U.S.C. Section 523 and further sought to dismiss client's bankruptcy case or convert same to a Chapter 11 bankruptcy. Following a bench trial before the bankruptcy court, an Order was issued denying all relief requested by creditors, thus allowing debtor to discharge the judgment debt.

Bankruptcy and debt

In re Ludwig, Case No. 15-43341-drd13, U.S. Bankruptcy Court for the Western District of Missouri

Dec 06, 2016

OUTCOME: Bankruptcy court sustaned debtor's objection to creditor's claim as it was filed out of time and creditor received proper notice.

Creditor with business line of credit loan to debtor's business sought leave to file a proof of claim out of time. Debtor had a confirmed Chapter 13 Plan that provided payment in full to debtor's unse ... cured creditors. Creditor alleged it did not receive proper notice of Debtor's bankruptcy filing, even though it was identified in the creditors' matrix and even though it confirmed the address used in said matrix was a proper payment address.

Bankruptcy and debt

Wood v. Venderford (In re Vanderford), Adv. No. 15-04028, U.S. Bankruptcy Court, Western District of Missouri

Dec 03, 2015

OUTCOME: Negotiated a settlement with Plaintiff whereby debtor preserved her right to a Chapter 7 discharge.

Bankruptcy adversary action where judgment creditor sought to discharge pursuant to 11 U.S.C. Section 727(a)(2) for fraudulent transfer. Plaintiff was debtor's ex-husband and alleged debtor sold or ot ... herwise disposed of marital property that was awarded to Plaintiff in debtor's divorce case.

Foreclosure

Hallquist v. United Home Loans, 715 F.3d 1040 (8th Cir. 2013).

May 17, 2013

OUTCOME: Foreclosure sale affirmed as debtors failed to establish breach of fiduciary duty or lack of standing to conduct foreclosure sale.

Mortgage debtors alleged law firm that called foreclosure sale failed to properly investigate standing of secured mortgage creditor that ordered sale. Debtors further alleged foreclosure sale was void ... due to law firm's acceptance of credit bid at sale.

Bankruptcy and debt

In re Knigge, 479 B.R. 500 (B.A.P. 8th Cir. 2012)

Oct 01, 2012

OUTCOME: Successfully defended mortgage servicer in Adversary Action filed by Debtors alleging lack of standing as secured creditor. Debtors appealed and the B.A.P. for the 8th Circiut affirmed the Bankruptcy Court's Judgment.

Chapter 13 debtors were judicially estopped from contesting assignee's standing to enforce deed of trust.

Michael Jon Wambolt's Legal Cases (5)

Randy James v. Sharon West, Adversary No. 16-04083

In re Ludwig, Case No. 15-43341-drd13, U.S. Bankruptcy Court for the Western District of Missouri

Wood v. Venderford (In re Vanderford), Adv. No. 15-04028, U.S. Bankruptcy Court, Western District of Missouri

Hallquist v. United Home Loans, 715 F.3d 1040 (8th Cir. 2013).

In re Knigge, 479 B.R. 500 (B.A.P. 8th Cir. 2012)