Skip to main content

Page Banner(Taxonomy)

judge somers

Patterson, In re

Ruling
Summary judgment on undue hardship discharge of student loan debt denied because court found insufficient evidence to assess debtor’s long-term financial condition. (Bankr. D. Kan.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

ABI Membership is required to access the full summary of Patterson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 25, 2025 , LexisNexis #1125-012

Apple Cent. KC, LLC, In re--Apple Cent. KC, LLC v. Applebee's Franchisor, LLC

Ruling
Franchisor’s proof of claim upheld as sufficient and debtor’s motion to dismiss denied. (Bankr. D. Kan.)
Issue(s)
Proof of Claim; Evidentiary Effect.

ABI Membership is required to access the full summary of Apple Cent. KC, LLC, In re--Apple Cent. KC, LLC v. Applebee's Franchisor, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on June 30, 2025 , LexisNexis #0925-023

Apple Central KC, LLC, In re--Apple Central KC, LLC v. Applebee's Franchisor, LLC

Ruling
Bankruptcy court declined to abstain from hearing franchise dispute, citing efficiency and consistency in resolving core bankruptcy claims. (Bankr. D. Kan.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.

ABI Membership is required to access the full summary of Apple Central KC, LLC, In re--Apple Central KC, LLC v. Applebee's Franchisor, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on June 30, 2025 , LexisNexis #0925-020

Estanol, In re

Ruling
Debtor’s counsel was denied lien on pre-confirmation funds because lien was created after bankruptcy filing and fees were not yet approved by the court. (Bankr. D. Kan.)
Issue(s)
Automatic Stay; Scope; Acts to Create, Perfect or Enforce Liens.

ABI Membership is required to access the full summary of Estanol, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 14, 2025 , LexisNexis #0725-055

Lindesmith, In re

Ruling
Conversion to Chapter 13 denied due to debtors’ lack of realistic ability to pay creditors in Chapter 13. (Bankr. D. Kan.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Considerations When Presumption Does Not Apply.

ABI Membership is required to access the full summary of Lindesmith, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 12, 2025 , LexisNexis #0725-046

Rocking M Media, LLC, In re

Ruling
Court denied debtors' request for retroactive modification of cash collateral order terminatingpayment of adequate protection payments to the creditor. (Bankr. D. Kan.)
Issue(s)
Relief From Judgment or Order.

ABI Membership is required to access the full summary of Rocking M Media, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 15, 2024 , LexisNexis #1024-050

Bunton, In re--Bunton v. Colonial Gardens, LLC

Ruling
Landlord's enforcement of the pre-petition eviction judgment entered against the debtors wasexcepted from the automatic stay. (Bankr. D. Kan.)
Issue(s)
Automatic Stay; Exceptions; Enforcement of Judgment of Possession of Residential

ABI Membership is required to access the full summary of Bunton, In re--Bunton v. Colonial Gardens, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 08, 2024 , LexisNexis #0924-032

Sis, In re

Ruling
Court concluded that there was no substantial change in circumstances, and no extraordinarycircumstances that would justify reimposition of the automatic stay. (Bankr. D. Kan.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.

ABI Membership is required to access the full summary of Sis, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 18, 2024 , LexisNexis #0324-030

Miller, In re

Ruling
Relief from stay was not warranted as the trust had not proven termination of its real estatecontract with the debtor and substitution of a lease in its place. (Bankr. D. Kan.)
Issue(s)
Automatic Stay; Relief from Stay.

ABI Membership is required to access the full summary of Miller, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 15, 2023 , LexisNexis #0124-056

Miller, In re

Ruling
Relief from stay was not warranted as the trust had not proven termination of its real estatecontract with the debtor and substitution of a lease in its place. (Bankr. D. Kan.)
Issue(s)
Automatic Stay; Relief from Stay.

ABI Membership is required to access the full summary of Miller, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 15, 2023 , LexisNexis #0124-056