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Kansas

Marsh, In re

Ruling: 
Judicial lien that impaired debtor's homestead exemption was avoidable. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on February 28,2019, LexisNexis #0419-032

Briggs, In re

Ruling: 
Vehicle was property of the estate under state law with the dealership retaining a securityinterest. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on March 11,2019, LexisNexis #0519-035

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

Metz, In re--Metz v. Navient Educ. Loan Corp.

Ruling: 
Court granted partial relief where debtor met all prongs of the Brunner test and she would suffer undue hardship if she was required to pay interest she owed on her student loans. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on September 25,2018, LexisNexis #1118-046

Lister-Petter Ams., Inc., In re--Morris v. Gordian Trading Ltd. UK

Ruling: 
Evidence offered by chapter 7 trustee was sufficient to avoid motion for summary judgment on the trustee's allegation that a claim UK corporation filed against the debtor's estate had to be subordinated to claims filed by other creditors as one of the UK corporation's principals breached his fiduciary duties. (Bankr. D. Kan.)
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Commercial case opionion summary, case decided on September 21,2018, LexisNexis #1118-040

Whiteside, In re--Whiteside v. Navient-Dep't of Educ.

Ruling: 
Clerk's entry of default was set aside for insufficient service of process as simply mailing a summons to a post office box does not suffice. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on August 15,2018, LexisNexis #0918-120

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.)
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Consumer case opionion summary, case decided on July 31,2018, LexisNexis #0918-058

Capps, In re--Cybertron Int'l, Inc. v. Capps

Ruling: 
Liabilities for acts committed postpetition may be pursued as the restrictive covenantobligations were not claims in debtor's bankruptcy and were not discharged. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on July 26,2018, LexisNexis #0918-016

Gray, In re--Gray v. Nussbeck

Ruling: 
Creditor violated the discharge injunction and was liable for contempt where creditorinitially included a discharged debt as part of an agreement he later sued debtor forbreaching. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on May 16,2018, LexisNexis #0618-076

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

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