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Fields, In re

Ruling
Valuation of a mobile home by debtor's expert which was done based on its retail price washeld by the court to be the most reliable option for purposes of the case. (Bankr. D. Kan)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation In Individual Debtor Chapter 7 or Chapter 13 Cases.

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Consumer opinion summary, case decided on August 17, 2017 , LexisNexis #0917-069

Denning, In re--Southwind Bank v. Denning

Ruling
Debtor's loan debt to bank ruled dischargeable as the bank failed to prove that debtor made false representations in his draw requests with the intent to deceive the bank. (Bankr. D. Kan.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on August 11, 2017 , LexisNexis #1017-040

Holman, In re

Ruling
Trustee's motion for stay pending appeal denied as debtor had completed all plan payments.(Bankr. D. Kan.)
Issue(s)
Stay Pending Appeal; Bonds; Suspension of Proceedings.

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Consumer opinion summary, case decided on July 14, 2017 , LexisNexis #0817-089

Holman, In re

Ruling
Court was obliged to grant debtors a discharge despite their showing of bad faith and repeated violations where they had already completed their payments under the plan issued. (Bankr. D. Kan.)
Issue(s)
Discharge; Full-Compliance Discharge.

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Consumer opinion summary, case decided on May 09, 2017 , LexisNexis #0617-050

Lister-Petter Ams., Inc., In re

Ruling
Relief from stay was denied as creditor's interest in the liquidation proceeds was adequately protected by their deposit in an interest-bearing account to preserve their value. (Bankr. D. Kan.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Commercial opinion summary, case decided on April 25, 2017 , LexisNexis #0517-125

Rupp v. Auld (In re Auld)

Ruling
Bankruptcy court's Order denying the trustee's motion for turnover reversed as debtor failedto oppose trustee's requests. (B.A.P. 10th Cir.)
Issue(s)
Debtor's Duties; Required Acts; Cooperation with Trustee.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on January 03, 2017 , LexisNexis #0217-005

In re Rios

Ruling
Scheduled debts and allowed claims excepted from future discharge for violation of expressterm of the confirmation order. (Bankr. D. Kan.)
Issue(s)
Effect of Dismissal; Subsequent Filings.

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Consumer opinion summary, case decided on December 09, 2016 , LexisNexis #0117-039

In re Dynamic Drywall, Inc.

Ruling
Attorney employed by debtor on contingency fee basis was not entitled to fees where therewas not recovery on the matter for which the attorney was retained. (Bankr. D. Kan.)
Issue(s)
Limitation on Compensation of Professional Persons.

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Commercial opinion summary, case decided on November 02, 2016 , LexisNexis #1116-108

In re Moore

Ruling
Plan proposed in good faith confirmed over objection. (Bankr. D. Kan.)
Issue(s)
Whether elderly debtors’ chapter 13 plan should be confirmed as filed in good faith?

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Consumer opinion summary, case decided on August 05, 2016 , LexisNexis #1016-100

In re Prucres Inc.

Ruling
Debtor’s objection to claim overruled given terms of agreement with creditor and debtor’s failure to rebut enforceability.
Issue(s)
Was distribution of proceeds of sale of debtor’s property subject to terms of agreement with creditor?

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Commercial opinion summary, case decided on June 09, 2016 , LexisNexis #0716-007