- 11 U.S.C.
Mongeau, In re
Oct
22
2021
Ruling
Debtors were eligible for Chapter 12 relief as they were engaged in a farming operation at thetime of filing their Chapter 12 petition and there was an intent to continue farming operationsin the future. (Bankr. D. Kan.)
Issue(s)
Definitions.
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Comeau, In re
Oct
21
2021
Ruling
Creditor was not entitled to dismissal of debtor's Chapter 12 petition as the debtor had notabandoned farming but simply scaled back and had the means and intent to continue farmoperations. (Bankr. D. Kan.)
Issue(s)
Conversion or Dismissal; Dismissal for Cause on Request of Party in Interest.
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- 11 U.S.C.
Bear Communs., LLC, In re
Sep
17
2021
Ruling
Committee's application to employ counsel retroactive to date of law firm's retention waswarranted as the standards for employment of professionals were met and extraordinarycircumstances were shown to permit employment as of the date of retention. (Bankr. D. Kan.)
Issue(s)
Powers and Duties of Committees.
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Taylor, In re
Jul
21
2021
Ruling
Trustee could not modify Chapter 13 to require turnover of proceeds from settlement ofdebtor’s post-petition injury claim to pay all claims in full. (Bankr. D. Kan.)
Issue(s)
Effect of Conversion; Property of the Estate in Cases Converted from Chapter 13.
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- 11 U.S.C.
Beach, In re--MegaForce, L.L.C. v. Beach
Jun
15
2021
Ruling
Creditor's obligation for staffing services to debtor's company was not excepted fromdischarge as creditor did not prove that it deferred collection because of false pretenses andrepresentations or actual fraud. (Bankr. D. Kan.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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- 11 U.S.C.
Love, In re--Love v. United States Dep't of Educ.
Apr
29
2021
Ruling
Lender had burden of proving that student loans not described in § 523(a)(8) were exceptedfrom discharge. (Bankr. D. Kan.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
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Kearney v. Unsecured Creditors Comm.
Mar
12
2021
Ruling
Court did not abuse its discretion when it denied Chapter 11 debtor's motion to convert toChapter 7 as debtors do not have an absolute right to convert. (B.A.P. 10th Cir.)
Issue(s)
Conversion or Dismissal; Voluntary Conversion to Chapter 7.
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Judge or Jurisdiction information not available
Hrabe, In re
Mar
10
2021
Ruling
Bankruptcy court lacked authority to allow a late proof of claim in Chapter 12 case. (Bankr. D.Kan.)
Issue(s)
Filing a Proof of Claim or Interest; Time for Filing; Motion for Late Filing;
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- 11 U.S.C.
Bradshaw, In re
Dec
09
2020
Ruling
Sale of property was barred by the automatic stay (Bankr. D. Kan.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior
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Pinnacle Reg'l Hosp., In re
Dec
01
2020
Ruling
Bank was not disqualified from voting in election of Chapter 7 trustee as its claims were notdisputed and did not have an interest materially adverse to the other unsecured creditors.(Bankr. D. Kan.)
Issue(s)
Election of Trustee; Who May Vote.
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