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District of kansas

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.

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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.

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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.

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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

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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.

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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

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

Terry, In re--Southampton, Ltd. v. Terry

Ruling
Oklahoma state court's findings of fraud did not entitle a creditor to summary judgment in itsnondischaregeability proceeding. (Bankr. D. Kan.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on March 19, 2024 , LexisNexis #0524-087

Terry, In re

Ruling
Creditor's objection to exemption was timely as the adversary complaint filed by the creditorwithin the 30-day deadline specifically challenged the legal basis for the debtor's exemption.(Bankr. D. Kan.)
Issue(s)
Exemptions.

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Consumer opinion summary, case decided on March 19, 2024 , LexisNexis #0524-099

Sis, In re

Ruling
Court concluded that there was no substantial change in circumstances, and no extraordinarycircumstances that would justify reimposition of the automatic stay. (Bankr. D. Kan.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.

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Consumer opinion summary, case decided on January 18, 2024 , LexisNexis #0324-030

Brownrigg Ranches LLC, In re--Andersen v. Brownrigg

Ruling
Blanket claim of privilege made by a debtor limited liability company and its members wasinsufficient to quash the subpoena issued by creditors. (Bankr. D. Kan.)
Issue(s)
Fraudulent Transfers and Obligations.

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Commercial opinion summary, case decided on December 04, 2023 , LexisNexis #0224-015