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southern district of west virginia

Terry, In re--Southampton, Ltd. v. Terry

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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Consumer opinion summary, case decided on March 19, 2024 , LexisNexis #0524-087

Terry, In re

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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Consumer opinion summary, case decided on March 19, 2024 , LexisNexis #0524-099

Roe, In re

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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Consumer opinion summary, case decided on January 18, 2024 , LexisNexis #0324-049

1 Big Red LLC, In re--Williamson v. Guardians of Travel, LLC

Ruling
Fraudulent transfer complaint adequately set forth debtor’s insider status with transferee.(Bankr. D. Kan.)
Issue(s)
Definitions; “Insider”.

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Commercial opinion summary, case decided on November 29, 2023 , LexisNexis #0224-026

Trickey, In re

Ruling
Court sustained trustee's objection to confirmation of debtor's third amended Chapter 13 planas numerous errors in the debtor's official forms made it impossible to determine whether hisplan complied with § 1325(b)(1)(B). (Bankr. D. Kan.)
Issue(s)
Confirmation of Plan; Objections; Considerations on Objection By Trustee or

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Consumer opinion summary, case decided on October 16, 2023 , LexisNexis #0124-048

Trickey, In re

Ruling
Debtor's second amended Chapter 13 plan did not comply with § 1325(b)(1)(B) as the debtor'sprojected disposable income was the same as his disposable income. (Bankr. D. Kan.)
Issue(s)
Confirmation of Plan; Objections; Considerations on Objection By Trustee or

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Consumer opinion summary, case decided on July 07, 2023 , LexisNexis #0923-044

Sanders, In re

Ruling
Creditor's objection to confirmation of debtor ex-husband's Chapter 13 plan was sustained asthe debtor failed to satisfy his burden to show good faith. (Bankr. D. Kan.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Good Faith.

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Consumer opinion summary, case decided on July 07, 2023 , LexisNexis #0923-043

Frey, In re--Ford v. Frey

Ruling
Default judgment was not excepted from discharge as the debtor lawfully obtained the fundsthe judgment creditors had paid to him. (Bankr. D. Kan.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on June 21, 2023 , LexisNexis #0823-055

Shank, In re

Ruling
Objection to confirmation was overruled as the debtor filed her Chapter 13 petition and planin good faith. (Bankr. D. Kan.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on June 08, 2023 , LexisNexis #0823-068

Roberts, In re--Freebird Commc'ns Inc. v. Roberts

Ruling
Claims under the federal Defend Trade Secrets Act and state Uniform Trade Secrets Act were not excepted from discharge. (Bankr. D. Kan.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on May 11, 2023 , LexisNexis #0723-057