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Judge Berger

Generation Res. Holding Co., In re

Ruling: 
Trustee was allowed to recover proceeds of fraudulently-transferred property. (Bankr. D. Kan.)
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Commercial case opionion summary, case decided on August 14,2019, LexisNexis #1019-041

Holmes, In re--Ameri Best, LLC v. Holmes

Ruling: 
Creditor's motion for summary judgment in nondischargeability proceeding denied wherethere was no evidence that the transactions at issue caused creditor to sustain a loss. (Bankr. D.Kan.)
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Consumer case opionion summary, case decided on April 25,2019, LexisNexis #0719-086

Briggs, In re

Ruling: 
Vehicle was property of the estate under state law with the dealership retaining a securityinterest. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on March 11,2019, LexisNexis #0519-035

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

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

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

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: 
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

Gray, In re--Gray v. Nussbeck

Ruling: 
Court had power to enforce injunction by holding creditor in contempt because the creditor filed a case against debtor after debt owed was discharged. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on June 07,2017, LexisNexis #0717-031

In re Engen

Ruling: 
Plan to separately classify student loan claims for favorable payment permitted. (Bankr. D.Kan.)
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Consumer case opionion summary, case decided on December 12,2016, LexisNexis #0117-054

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