Judge Somers

Emporia Prop. Grp., LLC, In re--Stolte v. Blue Consulting, LLC

Ruling: 
Motion to dismiss granted where complaint failed to allege a fraudulent concealment claimagainst defendants and failed to allege a claim for unjust enrichment as the complaintcontained nothing but a conclusory allegation of benefit. (Bankr. D. Kan.)
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Commercial case opionion summary, case decided on February 24,2022, LexisNexis #0422-036

Parsons, In re--Parsons v. Parsons

Ruling: 
Debtor was entitled to pursue a sale of his and co-owners' interests in the property as theproperty was not used in the production, transmission, or distribution for sale of electricenergy or natural gas for heat, light, or power. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on November 23,2021, LexisNexis #0122-058

Graham, In re

Ruling: 
Debtor was not allowed to amend her confirmed Chapter 13 plan to provide that futurepayments of attorney fees be directed to her current counsel. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on November 16,2021, LexisNexis #0122-028

Mongeau, In re

Ruling: 
Debtors were eligible for Chapter 12 relief as they were engaged in a farming operation at thetime of filing their Chapter 12 petition and there was an intent to continue farming operationsin the future. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on October 22,2021, LexisNexis #1221-043

Comeau, In re

Ruling: 
Creditor was not entitled to dismissal of debtor's Chapter 12 petition as the debtor had notabandoned farming but simply scaled back and had the means and intent to continue farmoperations. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on October 21,2021, LexisNexis #1221-044

Bear Communs., LLC, In re

Ruling: 
Committee's application to employ counsel retroactive to date of law firm's retention waswarranted as the standards for employment of professionals were met and extraordinarycircumstances were shown to permit employment as of the date of retention. (Bankr. D. Kan.)
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Commercial case opionion summary, case decided on September 17,2021, LexisNexis #1121-042

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

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