- 11 U.S.C.
Andover Senior Care, LLC, In re
Aug
03
2023
Ruling
HUD was allowed to invoke and seek relief for good cause but the debtor was to be givenwritten notice and an opportunity to contest HUD's removal of the debtor as the operator ofthe residential health care facilities. (Bankr. D. Kan.)
Issue(s)
Confirmation of Plan; Cramdown; Fairness and Equity; Secured Claims.
ABI Membership is required to access the full summary of Andover Senior Care, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Wichita Hoops, LLC, In re
Jul
24
2023
Ruling
Creditor was subject to the automatic stay as its lease of commercial premises to the debtorhad not terminated by expiration of the stated term prior to the bankruptcy filing. (Bankr. D.Kan.)
Issue(s)
Automatic Stay.
ABI Membership is required to access the full summary of Wichita Hoops, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Anstaett, In re--Williamson v. Southwind Bank
Jun
13
2023
Ruling
Creditor claiming a security interest in a refinanced vehicle was not entitled to summaryjudgment on the trustee's avoidance claim as the trustee's rights as a lien creditor took priorityover an unperfected security interest. (Bankr. D. Kan.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights
ABI Membership is required to access the full summary of Anstaett, In re--Williamson v. Southwind Bank Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Acosta, In re--Lavielle v. Acosta
Jan
10
2023
Ruling
Collateral estoppel did not apply with regard to whether debtor's actions were both willfuland malicious as jury verdicts did not contain specific findings as to debtor's state of mind.(Bankr. D. Kan.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to
ABI Membership is required to access the full summary of Acosta, In re--Lavielle v. Acosta Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Rose, In re
Jan
10
2022
Ruling
Creditor was entitled to relief from the automatic stay in order to seek modification of thedivorce decree to provide the state court an opportunity to provide a remedy for the debtor'sviolation. (Bankr. D. Kan.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.
ABI Membership is required to access the full summary of Rose, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Johnson, In re
Sep
03
2021
Ruling
Trustee's motion to reconsider was denied where debtors satisfy both requirements forobtaining a waiver of the Chapter 7 filing fee. (Bankr. D. Kan.)
Issue(s)
Bankruptcy Fees; Waiver; Chapter 7 Debtor With Insufficient Income.
ABI Membership is required to access the full summary of Johnson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Robinson, In re
Aug
20
2021
Ruling
Debtor's amended plan was confirmed as a consensual plan where it was proposed in goodfaith. (Bankr. D. Kan.)
Issue(s)
Confirmation of Plan; Terms
ABI Membership is required to access the full summary of Robinson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Baker, In re--Davis v. Baker
May
20
2021
Ruling
Creditor's motion for denial of discharge was denied as the debtor's singular omission of a"customer list" did not provide a sufficient factual predicate for an inference of fraudulentconcealment. (Bankr. D. Kan.)
Issue(s)
Discharge; Grounds for Denial.
ABI Membership is required to access the full summary of Baker, In re--Davis v. Baker Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Baker, In re--Davis v. Baker
May
20
2021
Ruling
Creditor's motion for denial of discharge was denied as the debtor's singular omission of a"customer list" did not provide a sufficient factual predicate for an inference of fraudulentconcealment. (Bankr. D. Kan.)
Issue(s)
Discharge; Grounds for Denial.
ABI Membership is required to access the full summary of Baker, In re--Davis v. Baker Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Robinson, In re
Apr
22
2021
Ruling
United States Trustee was not entitled to dismissal of debtor's Subchapter V case for causeas debtor’s post-petition gambling losses incurred with post-petition income did notconstitute gross mismanagement. (Bankr. D. Kan.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.
ABI Membership is required to access the full summary of Robinson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: