Judge Somers

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.)
ABI Membership is required to access the full summary of Kearney v. Unsecured Creditors Comm.. 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 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.)
ABI Membership is required to access the full summary of Hrabe, In re. 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 10,2021, LexisNexis #0421-100

Bradshaw, In re

Ruling: 
Sale of property was barred by the automatic stay (Bankr. D. Kan.)
ABI Membership is required to access the full summary of Bradshaw, In re. 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 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.)
ABI Membership is required to access the full summary of Pinnacle Reg'l Hosp., In re. 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 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.)
ABI Membership is required to access the full summary of Giles, In re--Mote v. Giles. 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 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.)
ABI Membership is required to access the full summary of Dear, In re. 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 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.)
ABI Membership is required to access the full summary of Henry, In re. 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 05,2020, LexisNexis #0720-067

Pittman, In re

Ruling: 
Court granted former husband relief from stay for cause to proceed in state court to seek anQDRO granting him an interest in debtor spouse’s thrift savings plan in accord with theirsettlement agreement. (Bankr. D. Kan.)
ABI Membership is required to access the full summary of Pittman, In re. 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 February 20,2020, LexisNexis #0420-007

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.)
ABI Membership is required to access the full summary of Kane, In re. 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 18,2019, 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.)
ABI Membership is required to access the full summary of Graham, In re--Graham v. Graham. 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 09,2019, LexisNexis #0719-064

Pages

Subscribe to Judge Somers