Kansas

Whiteside, In re--Whiteside v. Navient-Dep't of Educ.

Ruling: 
Clerk's entry of default was set aside for insufficient service of process as simply mailing a summons to a post office box does not suffice. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on August 15,2018, LexisNexis #0918-120

Boucek, In re--Boucek v. Boucek

Ruling: 
Court granted co-executor's motion for abstention and remand as the cases had been pending in state court for many years, discovery had been completed, the claims arose under state law, and the cases on which they are being litigated was non-core. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on July 31,2018, LexisNexis #0918-058

Capps, In re--Cybertron Int'l, Inc. v. Capps

Ruling: 
Liabilities for acts committed postpetition may be pursued as the restrictive covenantobligations were not claims in debtor's bankruptcy and were not discharged. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on July 26,2018, LexisNexis #0918-016

Gray, In re--Gray v. Nussbeck

Ruling: 
Creditor violated the discharge injunction and was liable for contempt where creditorinitially included a discharged debt as part of an agreement he later sued debtor forbreaching. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on May 16,2018, LexisNexis #0618-076

Hornung, In re

Ruling: 
Motion for relief from stay granted where debtor failed to advise creditor that he was thedebtor in an open bankruptcy case until about two years after the collection action was filed.(Bankr. D. Kan.)
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Consumer case opionion summary, case decided on May 08,2018, LexisNexis #0618-038

Abengoa Bioenergy Biomass of Kansas, LLC, In re

Ruling: 
Court approved compromises as they were within the range of reasonableness, fair, andequitable. (Bankr. D. Kan.)
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Commercial case opionion summary, case decided on April 10,2018, LexisNexis #0518-089

Schmidt, In re

Ruling: 
Bank's claims could not be deemed unsecured as the claims were parts of a single loan, secured by one mortgage on debtor's primary residence. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on January 12,2018, LexisNexis #0218-095

Furman, In re

Ruling: 
Confirmation denied as plan was not feasible because debtor could not fund secured creditor's payment without nephew's help. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on December 15,2017, LexisNexis #0218-055

Grillot, In re

Ruling: 
Bank's motion to dismiss for abuse was denied as the debts in the chapter 7 case were primarily nonconsumer debts. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on December 21,2017, LexisNexis #0118-112

John Q. Hammons Fall 2006, LLC, In re

Ruling: 
Creditor's motion to lift stay denied where court deemed that judicial economy, theprogression of the Delaware litigation, and the Delaware court's ability to resolve the issuesdid not weigh in favor of lifting the stay. (Bankr. D. Kan.)
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Commercial case opionion summary, case decided on October 13,2017, LexisNexis #1117-068

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