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District of west virginia

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

Williams, In re--Hamilton v. Glob. Lending Servs., LLC

Ruling
Creditor's security interest was unperfected under state law and could be avoided. (Bankr. D. Kan.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers; Trustee’s Avoidance Powers as Judicial Lien Creditor.

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Consumer opinion summary, case decided on April 28, 2023 , LexisNexis #0623-091

Smith, In re--Smith v. Smith

Ruling
Judgment debt was nondischargeable as the court had to give preclusive effect to the state court's decision that defendant breached his fiduciary duty. (Bankr. D. Or.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

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Consumer opinion summary, case decided on April 24, 2023 , LexisNexis #0623-086

Frysinger, In re

Ruling
Court could not make a finding that the debtor could meet the condition for Chapter 13 plan confirmation as it did not show he could obtain enough steady work to generate sufficient income to fund living expenses and plan payments. (Bankr. D. Or.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on February 24, 2023 , LexisNexis #0423-073

Nazarenko, In re

Ruling
Creditor's motion for stay relief was denied as the creditor's security interest in vehicle wasunperfected under state law on the petition date. (Bankr. D. Kan.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on January 18, 2023 , LexisNexis #0323-054