Feb
28
2019
Marsh, In re
Ruling:
Judicial lien that impaired debtor's homestead exemption was avoidable. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on February 28,2019, LexisNexis #0419-032
Sep
25
2018
Metz, In re--Metz v. Navient Educ. Loan Corp.
Ruling:
Court granted partial relief where debtor met all prongs of the Brunner test and she would suffer undue hardship if she was required to pay interest she owed on her student loans. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on September 25,2018, LexisNexis #1118-046
Sep
21
2018
Lister-Petter Ams., Inc., In re--Morris v. Gordian Trading Ltd. UK
Ruling:
Evidence offered by chapter 7 trustee was sufficient to avoid motion for summary judgment on the trustee's allegation that a claim UK corporation filed against the debtor's estate had to be subordinated to claims filed by other creditors as one of the UK corporation's principals breached his fiduciary duties. (Bankr. D. Kan.)
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Commercial case opionion summary, case decided on September 21,2018, LexisNexis #1118-040
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
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