Skip to main content

Page Banner(Taxonomy)

District of kansas

Estanol, In re

Ruling
Debtor’s counsel was denied lien on pre-confirmation funds because lien was created after bankruptcy filing and fees were not yet approved by the court. (Bankr. D. Kan.)
Issue(s)
Automatic Stay; Scope; Acts to Create, Perfect or Enforce Liens.

ABI Membership is required to access the full summary of Estanol, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 14, 2025 , LexisNexis #0725-055

Lindesmith, In re

Ruling
Conversion to Chapter 13 denied due to debtors’ lack of realistic ability to pay creditors in Chapter 13. (Bankr. D. Kan.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Considerations When Presumption Does Not Apply.

ABI Membership is required to access the full summary of Lindesmith, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 12, 2025 , LexisNexis #0725-046

Terrabella Studios LLC, In re

Ruling
Lease assumption barred as state court judgment conclusively terminated lease and eviction was final under state law. (Bankr. D. Kan.)
Issue(s)
Executory Contracts and Unexpired Leases; When Trustee May Not Assume or Assign; Nonresidential Lease Terminated Prior to Order For Relief.

ABI Membership is required to access the full summary of Terrabella Studios LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 05, 2025 , LexisNexis #0725-059

Stutsman, In re

Ruling
Court ruled settlement funds from legal malpractice claim were property of the estate as they were not exempt compensation and no valid trust excluded them from bankruptcy. (Bankr. D. Kan.)
Issue(s)
Property of the Estate.

ABI Membership is required to access the full summary of Stutsman, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 02, 2025 , LexisNexis #0725-064

Taylor, In re--Williamson v. Taylor

Ruling
Trustee's amended motion for default judgment to revoke debtor's discharge was denied asthe complaint did not provide clear notice to the debtor that the trustee was seeking to revokeher discharge that had been entered nine months earlier. (Bankr. D. Kan.)
Issue(s)
Discharge; Grounds for Revocation; Failure to Report, Deliver or Surrender Property.

ABI Membership is required to access the full summary of Taylor, In re--Williamson v. Taylor Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 30, 2024 , LexisNexis #1024-020

Global Aviation Techs. LLC, In re

Ruling
Creditor was entitled to an order authorizing the setoff of employee retention tax credits,disclosed by debtor only postpetition, for its secured claim for a loan it made to the debtor.(Bankr. D. Kan.)
Issue(s)
Setoff.

ABI Membership is required to access the full summary of Global Aviation Techs. LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 19, 2024 , LexisNexis #0924-070

Rocking M Media, LLC, In re

Ruling
Court denied debtors' request for retroactive modification of cash collateral order terminatingpayment of adequate protection payments to the creditor. (Bankr. D. Kan.)
Issue(s)
Relief From Judgment or Order.

ABI Membership is required to access the full summary of Rocking M Media, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 15, 2024 , LexisNexis #1024-050

Bunton, In re--Bunton v. Colonial Gardens, LLC

Ruling
Landlord's enforcement of the pre-petition eviction judgment entered against the debtors wasexcepted from the automatic stay. (Bankr. D. Kan.)
Issue(s)
Automatic Stay; Exceptions; Enforcement of Judgment of Possession of Residential

ABI Membership is required to access the full summary of Bunton, In re--Bunton v. Colonial Gardens, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 08, 2024 , LexisNexis #0924-032

Hall, In re

Ruling
Creditor held liable for willfully violating automatic stay by filing state court motionsregarding dischargeable divorce debt without obtaining stay relief, after prior stay violationorder. (Bankr. D. Kan.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.

ABI Membership is required to access the full summary of Hall, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 12, 2024 , LexisNexis #0824-028

Anaya, In re--Anaya v. Shellpoint Mortg. Servicing

Ruling
Defendant was entitled to summary judgment that statements sent did not violate thedischarge injunction as the record contained no evidence and concrete effect of coercingpayment of the discharged debt. (Bankr. D. Kan.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to

ABI Membership is required to access the full summary of Anaya, In re--Anaya v. Shellpoint Mortg. Servicing Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 22, 2024 , LexisNexis #0624-091