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Judge Kelly

FB Acquisition Prop. I LLC v. Gentry (In re Gentry)

Ruling: 
Bankruptcy court did not err in considering the status of debtors' company's bankruptcy in confirming their chapter 11 plan.
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Commercial case opionion summary, case decided on December 08,2015, LexisNexis #1215-128

Redmond v. Jenkins (In re Alternate Fuels Inc.)

Ruling: 
Debt for promissory notes issued to stockholder should not have been recharacterized as equity.
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Commercial case opionion summary, case decided on June 12,2015, LexisNexis #0715-003

UTE Mesa Lot 1 LLC v. First-Citizens Bank & Trust Co. (In re UTE Mesa Lot 1 LLC)

Ruling: 
Lis pendens was not a preferential transfer.
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Commercial case opionion summary, case decided on November 25,2013, LexisNexis #1213-089

Rajala v. Gardner

Bankruptcy trustee appealed from an order of the U.S. District Court for the District of Kansas, which granted defendants' motions to distribute money held in escrow. The district court held that allegedly fraudulently transferred property was not part of the bankruptcy estate until recovered and therefore was beyond the reach of the automatic stay.
Ruling: 
Allegedly fraudulently transferred property was not part of bankruptcy estate until recovered.
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Consumer case opionion summary, case decided on March 12,2013, LexisNexis #0413-018

Dill Oil Co. v. Stephens (In re Stephens)

The U.S. Bankruptcy Court for the Western District of Oklahoma determined that the Bankruptcy Abuse Prevention and Consumer Protection Act exempted individual chapter 11 debtors from the absolute priority rule, and confirmed appellee debtors' proposed plan of reorganization over appellant creditors' objections that the plan violated the absolute priority rule. The bankruptcy appellate panel certified the case for direct appeal.
Ruling: 
BAPCPA did not repeal absolute priority rule by implication.
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Consumer case opionion summary, case decided on January 15,2013, LexisNexis #0213-020

Standard Indus. v. Acquila Inc. (In re C.W. Mining Co.)

Appellants, a debtor's lessor and broker, sought review of an order of the Bankruptcy Appellate Panel affirming a contempt order of the bankruptcy court for appellants' intentional violation of an automatic stay imposed by 11 U.S.C.S. § 362(a). Appellee, the debtor's judgment creditor, had filed an involuntary bankruptcy petition against appellee debtor and filed the motion for contempt against appellants.
Ruling: 
Contempt order against debtor's lessor and broker in favor of judgment creditor affirmed.
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Commercial case opionion summary, case decided on November 08,2010, LexisNexis #1210-003

Parks v. Dittmar (In re Dittmar)

Trustees filed motions to compel turnover of stock appreciation rights (SARs) distributions received by debtors. The bankruptcy court denied the motions, and the Bankruptcy Appellate Panel (BAP) for the Tenth Circuit affirmed. The trustees appealed.
Ruling: 
Bankruptcy court erred in not ordering turnover of stock appreciation rights distribution.
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Consumer case opionion summary, case decided on September 14,2010, LexisNexis #1010-034

Anstine v. Carl Zeiss Meditec AG (U.S. Medical Inc.)

Appellant trustee sued appellee creditor pursuant to 11 U.S.C.S. § 547(b)(4)(B), seeking to avoid certain transfers. The bankruptcy court held that the creditor was a nonstatutory insider under 11 U.S.C.S. § 101(31) and permitted the trustee to avoid the transfers. The United States Bankruptcy Appellate Panel reversed the bankruptcy court. The trustee appealed the judgment.
Ruling: 
Bankruptcy appellate panel properly reversed finding that creditor was an insider where creditor operated at arm's length on transfer in question.
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Commercial case opionion summary, case decided on July 15,2008, LexisNexis #0808-066

In re Gehrke

Before the court for confirmation was debtors'Second Amended Plan, and the trustee's Objection thereto, challenging the deduction of ownership expense on Line 29 of Form B22C for a vehicle that was not secured by a lien, the expense deduction for taxes on Line 30 of Form B22C, and the deduction of secured debt on Line 47 of Form B22C for a motorcycle that was allegedly a luxury item.
Ruling: 
Deduction of ownership expense for payments on "luxury" motorcycle not indicative of bad faith.
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