Coppaken, In re--Holley Performance Prods. v. Coppaken
May
31
2017
Ruling
Court denied discharge to debtors where debtors acted fraudulently to hide cash and buildequity in their home, to transfer an asset postpetition, and to hide assets and income in theirpetition. (Bankr. D. Kan.)
Issue(s)
Discharge; Grounds for Denial.
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Court
:
Kennedy, In re
Mar
07
2017
Ruling
Court overruled debtor's objection to the creditor's proof of claim as the court found that the collection costs on student loan debts based on a flat rate percentage were reasonable. (Bankr. D. Kan.)
Issue(s)
Proof of Claim; Supporting Information; Additional Requirements in an Individual Debtor Case; Sanctions for Failure to Comply.
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Court
:
- 11 U.S.C.
National Bank of Omaha v. O'Brien (In re O'Brien)
Aug
25
2016
Ruling
Debt was dischargeable where debtor’s forgery and overstatement of value was not proximatecause of creditor’s loss. (Bankr. D. Kan.)
Issue(s)
Was debt nondischargeable on grounds that debtor forged spouse's signature on several loan documents and overstated real property values on two personal financial statements, thereby inducing FNBO to loan money to debtor's business?
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Court
:
- 11 U.S.C.
Lane v. Barney (In re Lane)
Mar
07
2016
Ruling
Bankruptcy court did not err in imposing sanctions against debtor for placing lis pendens on property, impeding sale of the property by trustee.
Issue(s)
Whether the bankruptcy court abused its discretion in imposing sanctions against debtor for interfering with the sale of estate assets?
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
Lynch v. Malloy (In re Lynch)
Jan
20
2016
Ruling
Orders for debtor to produce documents and appear for examination were not appealable.
Issue(s)
Should debtor's appeal from the bankruptcy court's order denying debtor's motion for reconsideration and directing debtor to produce documents and appear for examination be dismissed?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Wark
Dec
17
2015
Ruling
"Special circumstances" are not necessary for debtor who qualifies under chapter 7 to file under chapter 13 met burden of demonstrating good faith.
Issue(s)
Are "special circumstances" or a showing of a "heavy burden" necessary for a debtor to file under chapter 13 where otherwise eligible to file under chapter 7?
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Court
:
In re Combs
Jun
16
2015
Ruling
Debtors could reopen case to list employment discrimination lawsuit as a contingent claim.
Issue(s)
Could debtors reopen case to list previously undisclosed employment discrimination lawsuit as a potential asset?
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Court
:
- 11 U.S.C.
In re Brines
May
28
2015
Ruling
Automatic stay did not apply to property of non-debtor corporation of which debtors were sole shareholders.
Issue(s)
Could creditor be granted relief from the automatic stay to pursue myriad business properties securing a note executed by a corporation wholly owned by debtors?
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Court
:
- 11 U.S.C.
In re Shojayi
Sep
09
2014
Ruling
Debt for school tuition for debtor's children was not a nondischargeable student loan debt.
Issue(s)
Whether Congress intended to except from discharge a debt in excess of $30,000 arising from a parent's promise to pay private school tuition for her young children who never then attended the school?
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Court
:
- 11 U.S.C.
Farmway Credit Union v. Eilert (In re Eilert)
Mar
10
2014
Ruling
Debtor entitled to attorneys' fees for defending nondischargeability proceeding that was not substantially justified.
Issue(s)
Were chapter 13 debtors entitled to attorneys' fees incurred in defense of nondischargeability proceeding that was dismissed as not substantially justified?
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Court
: