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Judge Nugent

In re Reasor

Ruling: 
Non-assumed, non-rejected executory contract for purchase of trailer "rode through" debtor's chapter 13 case.
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Consumer case opionion summary, case decided on April 23,2014, LexisNexis #0514-046

Richland Bank v. Manor House Assisted Living Ltd.

Ruling: 
Trustee's post-discharge motion for removal of bank's state court action against debtor was untimely.
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Commercial case opionion summary, case decided on February 21,2014, LexisNexis #0714-034

Thurner Indus. V. Gunnicon Energy Corp. (In re Riviera Drilling & Exploration Co.)

Ruling: 
Creditor could propose plan after expiration of exclusivity period for small business debtor.
ABI Membership is required to access the full summary of Thurner Indus. V. Gunnicon Energy Corp. (In re Riviera Drilling & Exploration Co.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on December 17,2013, LexisNexis #0114-028

In re Wade

Ruling: 
Stay terminated as to rejected leased property but attempts to secured personal judgment against debtor for prepetition debts violated stay.
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Consumer case opionion summary, case decided on December 05,2013, LexisNexis #0114-113

In re L&T Machining Inc.

U.S. Trustee filed a motion to dismiss chapter 11 debtor's case pursuant to 11 U.S.C.S. § 1112.
Ruling: 
Case dismissed due to debtor's failure to comply with plan obligations.
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Commercial case opionion summary, case decided on July 03,2013, LexisNexis #0713-127

In re Stull

An above-median income debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for paying his creditors that treated his nondischargeable student loan debt more favorably than his other unsecured creditors by paying it in full with interest over the plan's duration. The chapter 13 trustee filed an objection to confirmation of the debtor's plan.
Ruling: 
Confirmation of above median debtor's plan denied due to proposal to pay interest on unsecured student loan debt without paying other unsecured creditors in full.
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Consumer case opionion summary, case decided on March 27,2013, LexisNexis #0613-067

Wiebe v. Kansas Dept. of Labor (In re Wiebe)

Debtors filed this adversary proceeding to obtain a determination that the $123,966 penalty imposed by the Kansas Department of Labor should not be excepted from their discharge under 11 U.S.C.S. § 523(a)(7) because, as they argued, it was compensatory.
Ruling: 
State labor department penalty that was not compensatory was excepted from discharge.
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Consumer case opionion summary, case decided on January 25,2013, LexisNexis #0213-117

In re Peake

Before the court was the chapter 7 trustee's objection to debtor's homestead exemption. The trustee objected to the exemption of debtor's share of the homestead, claiming that he acquired all of it within 1,215 days of filing and that any equity he had in it was subject to the 11 U.S.C.S. § 522(p) limitation.
Ruling: 
Trustee's objection to homestead exemption overruled as debtor did not receive interest in property within 1215 days of petition date and was not subject to cap.
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Consumer case opionion summary, case decided on October 15,2012, LexisNexis #1112-013

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