- 11 U.S.C.
Goodwin, In re
Jul
05
2022
Ruling
Creditor's motion to amend its proof of claim was granted as the sale price achieved at auctionwas the appropriate indication for the value of the secured portion of the creditor's claim.(Bankr. D. Kan.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation of Creditor’s Interest.
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- 11 U.S.C.
Elite Transp. LLC, In re
Jul
05
2022
Ruling
Interim fee application filed by debtor's counsel in an attempt to accelerate payment denied.(Bankr. D. Kan.)
Issue(s)
Interim Compensation.
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Kinderknecht, In re
Jun
13
2022
Ruling
Debtors' motion for a determination their mortgage payment was current and for sanctionswas granted as the bank failed to timely notify the debtors of changes to their interest rate andescrow account payment requirements. (Bankr. D. Kan.)
Issue(s)
Notice Relating to Claims Secured By Security Interest in the Debtor’s Principal
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Bradshaw, In re
May
19
2022
Ruling
Motion to dismiss granted where debtor failed to timely file a confirmable plan within 18months and prejudiced creditors from the unreasonable delay despite many of the securedcreditors having already obtained stay relief to proceed on their collateral. (Bankr. D. Kan.)
Issue(s)
Conversion or Dismissal; Dismissal for Cause on Request of Party in Interest.
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Emporia Prop. Grp., LLC, In re--Stolte v. Blue Consulting, LLC
Feb
24
2022
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.)
Issue(s)
Allowance of Claims or Interests; Disallowance of Claims for Recoverable Property and
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Parsons, In re--Parsons v. Parsons
Nov
23
2021
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.)
Issue(s)
Use, Sale, or Lease of Property; Sale of Estate and Co-Owner Interests.
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- 11 U.S.C.
Graham, In re
Nov
16
2021
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.)
Issue(s)
Debtor’s Transactions with Attorneys.
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- 11 U.S.C.
Mongeau, In re
Oct
22
2021
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.)
Issue(s)
Definitions.
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Comeau, In re
Oct
21
2021
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.)
Issue(s)
Conversion or Dismissal; Dismissal for Cause on Request of Party in Interest.
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:
- 11 U.S.C.
Bear Communs., LLC, In re
Sep
17
2021
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.)
Issue(s)
Powers and Duties of Committees.
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