Graves Farms, In re
Mar
28
2019
Ruling
Confirmation denied as plan failed to meet the best interests test and secured claims treatmentwas insufficient. (Bankr. D. Kan.)
Issue(s)
Confirmation of Plan; Conditions.
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Court
:
- 11 U.S.C.
Marsh, In re
Feb
28
2019
Ruling
Judicial lien that impaired debtor's homestead exemption was avoidable. (Bankr. D. Kan.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance; Judicial Liens.
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Court
:
- 11 U.S.C.
Metz, In re--Metz v. Navient Educ. Loan Corp.
Sep
25
2018
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
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Court
:
Lister-Petter Ams., Inc., In re--Morris v. Gordian Trading Ltd. UK
Sep
21
2018
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.)
Issue(s)
Subordination; Equitable Subordination.
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:
Whiteside, In re--Whiteside v. Navient-Dep't of Educ.
Aug
15
2018
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.)
Issue(s)
Process; Service of Summons, Complaint; Service by First Class Mail; Service Upon the United States.
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Court
:
- 11 U.S.C.
Capps, In re--Cybertron Int'l, Inc. v. Capps
Jul
26
2018
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.)
Issue(s)
Effect of Discharge.
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:
Abengoa Bioenergy Biomass of Kansas, LLC, In re
Apr
10
2018
Ruling
Court approved compromises as they were within the range of reasonableness, fair, andequitable. (Bankr. D. Kan.)
Issue(s)
Compromise and Arbitration.
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Grillot, In re
Dec
21
2017
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.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.
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Court
:
- 11 U.S.C.
Furman, In re
Dec
15
2017
Ruling
Confirmation denied as plan was not feasible because debtor could not fund secured creditor's payment without nephew's help. (Bankr. D. Kan.)
Issue(s)
Confirmation of Plan; Conditions; Debtor's Ability to Comply With Plan.
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Grillot, In re
Sep
22
2017
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.)
Issue(s)
Definitions; “Consumer Debt”.
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Court
: