Judge Nugent

In re Wade

Ruling: 
Stay terminated as to rejected leased property but attempts to secured personal judgment against debtor for prepetition debts violated stay.
ABI Membership is required to access the full summary of In re Wade. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of In re L&T Machining Inc.. 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 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.
ABI Membership is required to access the full summary of In re Stull. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of Wiebe v. Kansas Dept. of Labor (In re Wiebe). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of In re Peake. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 15,2012, LexisNexis #1112-013

In re Eck

A creditor filed an objection to a chapter 7 trustee's final report, claiming that the fees requested were unreasonable under 11 U.S.C.S. § 330(a)(3).
Ruling: 
Trustee's attorneys' fees incurred in recovering undisclosed assets for the estate approved.
ABI Membership is required to access the full summary of In re Eck. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 01,2012, LexisNexis #1112-109

In re Couchman

In a chapter 12 case, the debtor filed an amended motion to modify the plan under 11 U.S.C.S. § 1229 in order to extend the time in which payments could be made. A bank objected.
Ruling: 
Amended plan confirmed as not violating conditional order with creditor that authorized possible amendment.
ABI Membership is required to access the full summary of In re Couchman. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 20,2012, LexisNexis #0912-064

In re Stout

A creditor filed a proof of claim in a bankruptcy case based on a promissory note signed by the bankruptcy debtor as president of a corporation of which the debtor was the sole principal. The bankruptcy trustee objected to allowance of the creditor's claim.
Ruling: 
Proof of claim allowed where debtor signed note as corporate representative but creditor demonstrated the loan was for debtor's personal use.
ABI Membership is required to access the full summary of In re Stout. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 29,2012, LexisNexis #0912-114

In re Clark

Debtors, a married couple, objected to a $1.7 million proof of claim (POC) filed in their chapter 11 case by a bank that was asserting a right to a prepetition default deficiency judgment after the proceeds of its sale of real estate securing debtors' note were insufficient to pay the balance due on the note. Debtors sought to litigate claims that included that the foreclosure sale was conducted in bad faith and that the bank's bid was too low.
Ruling: 
Deficiency claim allowed as protected by res judicata.
ABI Membership is required to access the full summary of In re Clark. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 18,2012, LexisNexis #0712-044

In re Long

Before the court in debtor's bankruptcy case was the chapter 13 Trustee's objection to exemption.
Ruling: 
Debtor who had not lived in district for requisite period and whose former state limited exemptions to residents could claim federal exemptions.
ABI Membership is required to access the full summary of In re Long. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 07,2012, LexisNexis #0512-124

Pages

Subscribe to Judge Nugent