Jul
26
2019
Graves Farms, In re
Ruling:
Confirmation of plan was denied as it did not appear that the three debtors could make allof their plan payments. (Bankr. D. Kan.)
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Commercial case opionion summary, case decided on July 26,2019, LexisNexis #0919-094
May
28
2019
Schuckman v. United States Dep't of Educ.
Ruling:
Debtor's complaint to discharge student loan obligations denied as he failed to meet hisburden of proof on any of the three Brunner elements. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on May 28,2019, LexisNexis #0819-007
May
03
2019
Wagner, In re--Wagner v. Union State Bank
Ruling:
Bank willfully violated the automatic stay in seeking in personam judgment against thedebtors. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on May 03,2019, LexisNexis #0719-027
Apr
08
2019
Acord, In re
Ruling:
Overpayment debt was excepted from discharge as it was incurred in the course of a divorce orin connection with a divorce decree. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on April 08,2019, LexisNexis #0619-068
Mar
28
2019
Graves Farms, In re
Ruling:
Confirmation denied as plan failed to meet the best interests test and secured claims treatmentwas insufficient. (Bankr. D. Kan.)
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Commercial case opionion summary, case decided on March 28,2019, LexisNexis #0519-095
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
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