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Judge Somers

Kane, In re

Ruling: 
Chapter 13 plan could not be confirmed as the debtor's proposed allocation of benefits andburdens to the detriment of one class of creditors was deemed as unfairly discriminatory.(Bankr. D. Kan.)
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Consumer case opionion summary, case decided on June 18,2019, LexisNexis #0819-100

Graham, In re--Graham v. Graham

Ruling: 
Debt was nondischargeable where creditor had not shown that debtor obtained the overpaidmaintenance based on false pretenses, false representation, or actual fraud. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on May 09,2019, LexisNexis #0719-064

Phillips, In re

Ruling: 
Exception to discharge did not apply when debtor had no knowledge of debt in time toprovide creditor with timely notice for filing of a proof of claim. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on April 03,2019, LexisNexis #0619-037

Parks, In re

Ruling: 
Trustee's objection to exemption sustained as gift cards did not qualify as household furnishings and supplies under state exemption statute. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on December 12,2018, LexisNexis #0219-031

Boucek, In re--Boucek v. Boucek

Ruling: 
Court granted co-executor's motion for abstention and remand as the cases had been pending in state court for many years, discovery had been completed, the claims arose under state law, and the cases on which they are being litigated was non-core. (Bankr. D. Kan.)
ABI Membership is required to access the full summary of Boucek, In re--Boucek v. Boucek. 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 July 31,2018, LexisNexis #0918-058

Hornung, In re

Ruling: 
Motion for relief from stay granted where debtor failed to advise creditor that he was thedebtor in an open bankruptcy case until about two years after the collection action was filed.(Bankr. D. Kan.)
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Consumer case opionion summary, case decided on May 08,2018, LexisNexis #0618-038

Cooney, In re

Ruling: 
Court granted plaintiff's motion for stay relief to permit the continuation of and conclusionto the entry of final judgment of a case pending against debtor. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on September 14,2017, LexisNexis #1017-067

Cooney, In re--Peel v. Cooney

Ruling: 
Motion to dismiss the claims for exception from discharge granted where objections were nottimely filed. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on July 13,2017, LexisNexis #0817-083

Brooke Corp., In re--Redmond v. NCMIC Fin. Corp.

Ruling: 
Trustee could recover loan payments after proving that debtor was continuously insolventduring the four years preceding the filing of its bankruptcy petition. (Bankr. D. Kan.)
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Commercial case opionion summary, case decided on May 15,2017, LexisNexis #0617-077

Cooper, Inc., In re

Ruling: 
Court granted county's motion for relief from stay to allow distribution of the sale proceedsfor a parcel of land previously owned by debtor. (Bankr. D. Kan.)
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Commercial case opionion summary, case decided on February 13,2017, LexisNexis #0317-064

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