Kansas

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: 
Debtors' motion for claim estimation granted where a delay in liquidating claims could befatal to moving the chapter 11 cases from the theoretical to working reorganization. (Bankr. D.Kan.)
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Commercial case opionion summary, case decided on October 13,2017, LexisNexis #1117-074

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

Grillot, In re

Ruling: 
Debtor’s tax debt was not consumer debt as a tax debt is not incurred, but is involuntarily imposed by the government in the course of earning income and has a public purpose. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on September 22,2017, LexisNexis #1017-091

John Q. Hammons Fall 2006, LLC, In re

Ruling: 
Trust at issue qualified as a business trust and was eligible to be a debtor because the primarypurpose of the trust is to transact business or carry on commercial activity for the benefit ofthe investor. (Bankr. D. Kan.)
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Commercial case opionion summary, case decided on September 13,2017, LexisNexis #1017-062

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