Serna, In re
Apr
02
2025
Ruling
Dismissal or conversion to Chapter 13 denied as Chapter 7 debtors had insufficient ability to pay unsecured creditors in hypothetical Chapter 13 plan and lacked bad faith. (Bankr. D. Kan.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.
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Court
:
- 11 U.S.C.
Hurd, In re--Pearsall v. Hurd
Mar
26
2025
Ruling
Complaint failed to identify any materially false written statement used by defendants to obtain loan from plaintiff before the debt was incurred. (Bankr. S.D. W. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.
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Court
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Nguyen, In re
Dec
31
2024
Ruling
Debtor's disclosure of affair with married individual, while intentional, was not a wrongful act under the law and did not meet the maliciousness requirement for nondischargeability. (Bankr. D. Or.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Tarpenning, In re
Nov
04
2024
Ruling
Creditors demonstrated good cause to extend their deadlines to file a motion to dismiss or seek exception to, or denial of, discharge due to debtor's multiple failures to attend the creditor's meeting and his failure to complete his required schedules. (Bankr. D. Kan.)
Issue(s)
Meetings of Creditors and Equity Security Holders.
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Court
:
- 11 U.S.C.
Baldwin, In re
Aug
29
2024
Ruling
Chapter 13 plan could not be confirmed where debtor proposed to pay monthly payments in an amount insufficient to make all the required payments under the plan. (Bankr. D. Or.)
Issue(s)
Confirmation of Plan.
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Court
:
- 11 U.S.C.
Anaya, In re--Anaya v. Shellpoint Mortg. Servicing
Apr
22
2024
Ruling
Defendant was entitled to summary judgment that statements sent did not violate thedischarge injunction as the record contained no evidence and concrete effect of coercingpayment of the discharged debt. (Bankr. D. Kan.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to
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Terry, In re
Mar
19
2024
Ruling
Creditor's objection to exemption was timely as the adversary complaint filed by the creditorwithin the 30-day deadline specifically challenged the legal basis for the debtor's exemption.(Bankr. D. Kan.)
Issue(s)
Exemptions.
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Terry, In re--Southampton, Ltd. v. Terry
Mar
19
2024
Ruling
Oklahoma state court's findings of fraud did not entitle a creditor to summary judgment in itsnondischaregeability proceeding. (Bankr. D. Kan.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Roe, In re
Jan
18
2024
Ruling
Subchapter V trustee's motion for an order requiring the debtor to post a retainer for thetrustee's fees and expenses was warranted as trustee had legal authority to request funds usedoutside the ordinary course of business. (Bankr. D. Or.)
Issue(s)
Trustee; Duties; Plan Payments.
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1 Big Red LLC, In re--Williamson v. Guardians of Travel, LLC
Nov
29
2023
Ruling
Fraudulent transfer complaint adequately set forth debtor’s insider status with transferee.(Bankr. D. Kan.)
Issue(s)
Definitions; “Insider”.
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