John Q. Hammons Fall 2006, LLC, In re
Apr
29
2020
Ruling
Motion for reconsideration of allowed claim was granted for cause as an error of law hadoccurred with respect to the dates for calculating post-petition default interest. (Bankr. D. Kan.)
Issue(s)
Allowance of Claims or Interests; Reconsideration of Claims for Cause.
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Court
:
- 11 U.S.C.
Generation Res. Holding Co., In re
Aug
14
2019
Ruling
Trustee was allowed to recover proceeds of fraudulently-transferred property. (Bankr. D. Kan.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred
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Court
:
Holmes, In re--Ameri Best, LLC v. Holmes
Apr
25
2019
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Briggs, In re
Mar
11
2019
Ruling
Vehicle was property of the estate under state law with the dealership retaining a securityinterest. (Bankr. D. Kan.)
Issue(s)
Property of the Estate.
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Court
:
- 11 U.S.C.
Gray, In re--Gray v. Nussbeck
May
16
2018
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.)
Issue(s)
Effect of Discharge.
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Court
:
Schmidt, In re
Jan
12
2018
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.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim.
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Court
:
- 11 U.S.C.
John Q. Hammons Fall 2006, LLC, In re
Oct
13
2017
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.)
Issue(s)
Allowance of Claims or Interests; Estimated Claims; Contingent or Unliquidated Claim.
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Court
:
John Q. Hammons Fall 2006, LLC, In re
Oct
13
2017
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.)
Issue(s)
Automatic Stay; Relief from Stay.
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Court
:
- 11 U.S.C.
John Q. Hammons Fall 2006, LLC, In re
Sep
13
2017
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.)
Issue(s)
Who May Be a Debtor.
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Court
:
- 11 U.S.C.
Gray, In re--Gray v. Nussbeck
Jun
07
2017
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.)
Issue(s)
Power of Court.
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Court
: