Judge Somers

Taylor, In re

Ruling: 
Trustee could not modify Chapter 13 to require turnover of proceeds from settlement ofdebtor’s post-petition injury claim to pay all claims in full. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on July 21,2021, LexisNexis #0921-004

Beach, In re--MegaForce, L.L.C. v. Beach

Ruling: 
Creditor's obligation for staffing services to debtor's company was not excepted fromdischarge as creditor did not prove that it deferred collection because of false pretenses andrepresentations or actual fraud. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on June 15,2021, LexisNexis #0821-011

Love, In re--Love v. United States Dep't of Educ.

Ruling: 
Lender had burden of proving that student loans not described in § 523(a)(8) were exceptedfrom discharge. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on April 29,2021, LexisNexis #0621-059

Kearney v. Unsecured Creditors Comm.

Ruling: 
Court did not abuse its discretion when it denied Chapter 11 debtor's motion to convert toChapter 7 as debtors do not have an absolute right to convert. (B.A.P. 10th Cir.)
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Consumer case opionion summary, case decided on March 12,2021, LexisNexis #0421-094

Hrabe, In re

Ruling: 
Bankruptcy court lacked authority to allow a late proof of claim in Chapter 12 case. (Bankr. D.Kan.)
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Consumer case opionion summary, case decided on March 10,2021, LexisNexis #0421-100

Bradshaw, In re

Ruling: 
Sale of property was barred by the automatic stay (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on December 09,2020, LexisNexis #0121-055

Pinnacle Reg'l Hosp., In re

Ruling: 
Bank was not disqualified from voting in election of Chapter 7 trustee as its claims were notdisputed and did not have an interest materially adverse to the other unsecured creditors.(Bankr. D. Kan.)
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Commercial case opionion summary, case decided on December 01,2020, LexisNexis #0121-037

Giles, In re--Mote v. Giles

Ruling: 
Debtor's loan debt was not excepted from discharge as creditors failed to prove false pretensesthat gave rise to the debt since the only false representation alleged was that of the debtor'sdeceased husband. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on October 13,2020, LexisNexis #1220-038

Dear, In re

Ruling: 
Debtor's motion for imposition of automatic stay in third case filed after two dismissals wasgranted where he filed the petition in good faith with clear and convincing evidence. (Bankr.D. Kan.)
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Consumer case opionion summary, case decided on August 10,2020, LexisNexis #0920-054

Henry, In re

Ruling: 
Proposed automobile payments approved over trustee’s objection where debtor had compliedwith requirements for computing his disposable income. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on June 05,2020, LexisNexis #0720-067

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