Skip to main content

Page Banner(Taxonomy)

judge somers

Cooney, In re

Ruling
Court granted plaintiff's motion for stay relief to permit the continuation of and conclusionto the entry of final judgment of a case pending against debtor. (Bankr. D. Kan.)
Issue(s)
Automatic Stay; Relief from Stay.

ABI Membership is required to access the full summary of Cooney, 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 September 14, 2017 , LexisNexis #1017-067

Cooney, In re--Peel v. Cooney

Ruling
Motion to dismiss the claims for exception from discharge granted where objections were nottimely filed. (Bankr. D. Kan.)
Issue(s)
Discharge; Full-Compliance Discharge; Section 523(a) Exceptions Apply.

ABI Membership is required to access the full summary of Cooney, In re--Peel v. Cooney 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 13, 2017 , LexisNexis #0817-083

Brooke Corp., In re--Redmond v. NCMIC Fin. Corp.

Ruling
Trustee could recover loan payments after proving that debtor was continuously insolventduring the four years preceding the filing of its bankruptcy petition. (Bankr. D. Kan.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred

ABI Membership is required to access the full summary of Brooke Corp., In re--Redmond v. NCMIC Fin. Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 15, 2017 , LexisNexis #0617-077

Cooper, Inc., In re

Ruling
Court granted county's motion for relief from stay to allow distribution of the sale proceedsfor a parcel of land previously owned by debtor. (Bankr. D. Kan.)
Issue(s)
Automatic Stay; Relief from Stay.

ABI Membership is required to access the full summary of Cooper, Inc., 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 February 13, 2017 , LexisNexis #0317-064

Murray v. ECMC (Educ. Credit Mgmt. Corp.) (In re Murray)

Ruling
Court discharged interest debtors owed on their student loans but held the principal amountowed nondischargeable. (Bankr. D. Kan.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

ABI Membership is required to access the full summary of Murray v. ECMC (Educ. Credit Mgmt. Corp.) (In re Murray) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 08, 2016 , LexisNexis #0117-046

In re Brooke Corp.

Ruling
Liability of members of trustee's law firm for collapse of debtor was not grounds for late-stage removal of trustee.
Issue(s)
Should debtor's motion to remove allegedly disinterested trustee be granted?

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

Commercial opinion summary, case decided on February 05, 2016 , LexisNexis #0316-073

In re Williams

Ruling
Debtor could not amend confirmed plan to vest title in secured creditor.
Issue(s)
Could debtor amend confirmed chapter 13 plan to provide for the vesting of his former homestead in the holder of a first mortgage lien on the property?

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

Consumer opinion summary, case decided on December 02, 2015 , LexisNexis #1215-134

In re Royster

Ruling
Attorney fees awarded to debtor in state court divorce proceeding were not exempt.
Issue(s)
Was debtor entitled to an exemption in an award of attorneys' fees and monthly maintenance in debtor's divorce proceeding?

ABI Membership is required to access the full summary of In re Royster 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 23, 2015 , LexisNexis #1215-048

Redmond v. SpiritBank ( In re Brooke Corp.)

Ruling
Option agreement and pledge of $2 million CD to bank could be avoided.
Issue(s)
Should transfer of option agreement and purchase of $2 million CD be avoided?

ABI Membership is required to access the full summary of Redmond v. SpiritBank ( In re Brooke Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on November 20, 2015 , LexisNexis #1215-059

In re Swenson

Ruling
Bank's untimely proof of claim disallowed.
Issue(s)
Should bank's late-filed proofs of claim be disallowed?

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

Consumer opinion summary, case decided on June 12, 2015 , LexisNexis #0715-010