Aug
15
2018
Whiteside, In re--Whiteside v. Navient-Dep't of Educ.
Ruling:
Clerk's entry of default was set aside for insufficient service of process as simply mailing a summons to a post office box does not suffice. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on August 15,2018, LexisNexis #0918-120
Jul
26
2018
Capps, In re--Cybertron Int'l, Inc. v. Capps
Ruling:
Liabilities for acts committed postpetition may be pursued as the restrictive covenantobligations were not claims in debtor's bankruptcy and were not discharged. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on July 26,2018, LexisNexis #0918-016
Apr
10
2018
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
Dec
15
2017
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
Dec
21
2017
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
Sep
22
2017
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
Aug
11
2017
Denning, In re--Southwind Bank v. Denning
Ruling:
Debtor's loan debt to bank ruled dischargeable as the bank failed to prove that debtor made false representations in his draw requests with the intent to deceive the bank. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on August 11,2017, LexisNexis #1017-040
Aug
17
2017
Fields, In re
Ruling:
Valuation of a mobile home by debtor's expert which was done based on its retail price washeld by the court to be the most reliable option for purposes of the case. (Bankr. D. Kan)
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Consumer case opionion summary, case decided on August 17,2017, LexisNexis #0917-069
Jul
14
2017
Holman, In re
Ruling:
Trustee's motion for stay pending appeal denied as debtor had completed all plan payments.(Bankr. D. Kan.)
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Consumer case opionion summary, case decided on July 14,2017, LexisNexis #0817-089
May
09
2017
Holman, In re
Ruling:
Court was obliged to grant debtors a discharge despite their showing of bad faith and repeated violations where they had already completed their payments under the plan issued. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on May 09,2017, LexisNexis #0617-050
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