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District of kansas

Goodwin, In re

Ruling
Debtor's proposed private sale of equipment, including a rock crusher essential to debtor’sbusiness in one transaction was denied and the property was ordered to be auctioned. (Bankr.D. Kan.)
Issue(s)
Property of the Estate; Additional Property Where Debtor is an Individual.

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Consumer opinion summary, case decided on October 03, 2022 , LexisNexis #1222-045

Roberts, In re

Ruling
Creditor's motion for relief from the automatic stay failed as the creditors had not establishedcause. (Bankr. D. Kan.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on September 26, 2022 , LexisNexis #1122-079

Haddad, In re

Ruling
Subchapter V plan of reorganization could not be confirmed as debtors did not demonstratecompliance with the necessary requirements. (Bankr. D. Kan.)
Issue(s)
Confirmation of Plan; Exception.

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Consumer opinion summary, case decided on September 13, 2022 , LexisNexis #1222-021

Goodwin, In re

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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Consumer opinion summary, case decided on July 05, 2022 , LexisNexis #0822-056

Elite Transp. LLC, In re

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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Commercial opinion summary, case decided on July 05, 2022 , LexisNexis #0822-052

Kinderknecht, In re

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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Consumer opinion summary, case decided on June 13, 2022 , LexisNexis #0323-049

Bradshaw, In re

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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Consumer opinion summary, case decided on May 19, 2022 , LexisNexis #0722-047

Holmes, In re--Ameri Best, LLC v. Holmes

Ruling
Debtors were entitled to summary judgment on creditor's motion to determine its two paydayloans to debtors were nondischargeable as the creditor failed to show any loss due to thetransactions. (Bankr. D. Kan.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on April 27, 2022 , LexisNexis #0722-008

1 Big Red, LLC, In re

Ruling
Stay relief was granted to secured creditor as debtor had not met its burden of establishingsound business reasons for the proposed sale of the property. (Bankr. D. Kan.)
Issue(s)
Automatic Stay; Relief from Stay; Acts Against Property.

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Commercial opinion summary, case decided on March 23, 2022 , LexisNexis #0722-006

Vita Craft Corp., In re

Ruling
Court overruled objection to confirmation by Chapter 11 debtor's largest creditor, as the planwas feasible and proposed in good faith. (Bankr. D. Kan.)
Issue(s)
Confirmation of Plan; Requirements.

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Consumer opinion summary, case decided on March 17, 2022 , LexisNexis #0622-044