- 11 U.S.C.
Giles, In re--Mote v. Giles
Oct
13
2020
Ruling
Debtor's loan debt was not excepted from discharge as creditors failed to prove false pretensesthat gave rise to the debt since the only false representation alleged was that of the debtor'sdeceased husband. (Bankr. D. Kan.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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- 11 U.S.C.
Dear, In re
Aug
10
2020
Ruling
Debtor's motion for imposition of automatic stay in third case filed after two dismissals wasgranted where he filed the petition in good faith with clear and convincing evidence. (Bankr.D. Kan.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or
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- 11 U.S.C.
Henry, In re
Jun
05
2020
Ruling
Proposed automobile payments approved over trustee’s objection where debtor had compliedwith requirements for computing his disposable income. (Bankr. D. Kan.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial
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:
- 11 U.S.C.
Pittman, In re
Feb
20
2020
Ruling
Court granted former husband relief from stay for cause to proceed in state court to seek anQDRO granting him an interest in debtor spouse’s thrift savings plan in accord with theirsettlement agreement. (Bankr. D. Kan.)
Issue(s)
Automatic Stay.
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- 11 U.S.C.
Kane, In re
Jun
18
2019
Ruling
Chapter 13 plan could not be confirmed as the debtor's proposed allocation of benefits andburdens to the detriment of one class of creditors was deemed as unfairly discriminatory.(Bankr. D. Kan.)
Issue(s)
Contents of Plan; Discretionary Provisions; Designation of Classes of Unsecured
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:
- 11 U.S.C.
Graham, In re--Graham v. Graham
May
09
2019
Ruling
Debt was nondischargeable where creditor had not shown that debtor obtained the overpaidmaintenance based on false pretenses, false representation, or actual fraud. (Bankr. D. Kan.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.
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- 11 U.S.C.
Phillips, In re
Apr
03
2019
Ruling
Exception to discharge did not apply when debtor had no knowledge of debt in time toprovide creditor with timely notice for filing of a proof of claim. (Bankr. D. Kan.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or
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Parks, In re
Dec
12
2018
Ruling
Trustee's objection to exemption sustained as gift cards did not qualify as household furnishings and supplies under state exemption statute. (Bankr. D. Kan.)
Issue(s)
Exemptions; Choice Between Federal and State Law.
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Boucek, In re--Boucek v. Boucek
Jul
31
2018
Ruling
Court granted co-executor's motion for abstention and remand as the cases had been pending in state court for many years, discovery had been completed, the claims arose under state law, and the cases on which they are being litigated was non-core. (Bankr. D. Kan.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention.
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Hornung, In re
May
08
2018
Ruling
Motion for relief from stay granted where debtor failed to advise creditor that he was thedebtor in an open bankruptcy case until about two years after the collection action was filed.(Bankr. D. Kan.)
Issue(s)
Automatic Stay; Relief from Stay.
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