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District of kansas

Bear Communs., LLC, In re

Ruling
Debtors did not meet the requirements for abandonment of interest in state lawsuit that theylisted only on the statement of financial affairs and not on a schedule. (9th Cir.)
Issue(s)
Abandonment of Property of the Estate; Scheduled Property Not Otherwise

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Consumer opinion summary, case decided on October 19, 2021 , LexisNexis #1221-040

Bear Communs., LLC, In re

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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Commercial opinion summary, case decided on September 17, 2021 , LexisNexis #1121-042

Johnson, In re

Ruling
Trustee's motion to reconsider was denied where debtors satisfy both requirements forobtaining a waiver of the Chapter 7 filing fee. (Bankr. D. Kan.)
Issue(s)
Bankruptcy Fees; Waiver; Chapter 7 Debtor With Insufficient Income.

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Consumer opinion summary, case decided on September 03, 2021 , LexisNexis #1021-099

Robinson, In re

Ruling
Debtor's amended plan was confirmed as a consensual plan where it was proposed in goodfaith. (Bankr. D. Kan.)
Issue(s)
Confirmation of Plan; Terms

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Consumer opinion summary, case decided on August 20, 2021 , LexisNexis #1021-017

Nicksion, In re

Ruling
Chapter 13 debtor's motion to discharge was denied due to insufficient plan payments to thetrustee. (Bankr. D. Kan.)
Issue(s)
Discharge; Full-Compliance Discharge.

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Consumer opinion summary, case decided on August 11, 2021 , LexisNexis #1021-075

Taylor, In re

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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Consumer opinion summary, case decided on July 21, 2021 , LexisNexis #0921-004

Beach, In re--MegaForce, L.L.C. v. Beach

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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Consumer opinion summary, case decided on June 15, 2021 , LexisNexis #0821-011

Baker, In re--Davis v. Baker

Ruling
Creditor's motion for denial of discharge was denied as the debtor's singular omission of a"customer list" did not provide a sufficient factual predicate for an inference of fraudulentconcealment. (Bankr. D. Kan.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on May 20, 2021 , LexisNexis #0721-015

Baker, In re--Davis v. Baker

Ruling
Creditor's motion for denial of discharge was denied as the debtor's singular omission of a"customer list" did not provide a sufficient factual predicate for an inference of fraudulentconcealment. (Bankr. D. Kan.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on May 20, 2021 , LexisNexis #0721-015

Love, In re--Love v. United States Dep't of Educ.

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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Consumer opinion summary, case decided on April 29, 2021 , LexisNexis #0621-059