Dec
15
2023
Huninghake, In re
Ruling:
Debtors did not carry their burden to show the modified plan was feasible or that theproposed treatment of the creditor's claims was sufficient. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on December 15,2023, LexisNexis #0224-043
Nov
29
2023
1 Big Red LLC, In re--Williamson v. Guardians of Travel, LLC
Ruling:
Fraudulent transfer complaint adequately set forth debtor’s insider status with transferee.(Bankr. D. Kan.)
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Commercial case opionion summary, case decided on November 29,2023, LexisNexis #0224-026
Dec
04
2023
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.)
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Commercial case opionion summary, case decided on December 04,2023, LexisNexis #0224-015
Dec
04
2023
Brownrigg Ranches LLC, In re--Andersen v. Brownrigg
Ruling:
The blanket claim of privilege made by a debtor limited liability company and its memberswas insufficient to quash the subpoena creditors issued in fraudulent transfer proceeding.(Bankr. D. Kan.)
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Commercial case opionion summary, case decided on December 04,2023, LexisNexis #0124-084
Nov
15
2023
Miller, In re
Ruling:
Relief from stay was not warranted as the trust had not proven termination of its real estatecontract with the debtor and substitution of a lease in its place. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on November 15,2023, LexisNexis #0124-056
Nov
15
2023
Miller, In re
Ruling:
Relief from stay was not warranted as the trust had not proven termination of its real estatecontract with the debtor and substitution of a lease in its place. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on November 15,2023, LexisNexis #0124-056
Oct
16
2023
Trickey, In re
Ruling:
Court sustained trustee's objection to confirmation of debtor's third amended Chapter 13 planas numerous errors in the debtor's official forms made it impossible to determine whether hisplan complied with § 1325(b)(1)(B). (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on October 16,2023, LexisNexis #0124-048
Oct
31
2023
Carson, In re
Ruling:
Dismissal of Chapter 13 case was warranted as debtor offered no credible reason for failing toappear at scheduled meetings and had not filed a confirmable plan. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on October 31,2023, LexisNexis #0124-022
Sep
29
2023
Acosta, In re--Lavielle v. Acosta
Ruling:
Plaintiffs met their burden of proving malicious injury for nondischargeability as all of thedebtor's actions, taken together, demonstrated that he acted with a wrongful state of mind toinflict harm on plaintiffs. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on September 29,2023, LexisNexis #1223-033
Aug
22
2023
Carson, In re
Ruling:
Debtor's motion for rehearing of stay relief order denied as bankruptcy procedural rulesprovided no authority for a motion for "rehearing." (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on August 22,2023, LexisNexis #1123-025