- 11 U.S.C.
Soule v. Gragg (In re Harrison)
Dec
30
2013
Ruling
Trustee qualified as bona fide purchaser under state law and could sell estate's interest in property free and clear.
Issue(s)
Did trustee have bona fide purchaser status with regard to debtor's one-quarter interest in property so as to be able to sell the interest free and clear.
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Court
:
- 11 U.S.C.
Jantz v. Karch (In re Karch)
Oct
15
2013
Ruling
Finding that debt was dischargeable despite alleged breach of fiduciary duty reversed in light of U.S. Supreme Court's Bullock decision.
Issue(s)
Should bankruptcy court's holding that debt was dischargeable despite alleged breach of fiduciary duty be reversed in light of the decision of the U.S. Supreme Court in the Bullock case.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
Rajala v. Taylor (In re Taylor)
Jul
22
2013
Ruling
Discharge properly revoked due to debtor's failure to present arguments.
Issue(s)
Whether the bankruptcy appellate panel should vacate a default judgment entered by the U.S. Bankruptcy Court for the District of Kansas which granted a bankruptcy trustee's request for an order revoking a chapter 7 debtor's discharge pursuant to 11 U.S.C.S. § 727.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Brown v. Stuart C. Irby Co. (In re Brown)
Jul
03
2013
Ruling
Late-filed amendment in nondischargeability proceeding alleging fraud dismissed.
Procedural posture
Creditor timely filed a complaint against debtor seeking a declaration that a debt owed to the creditor was excepted from discharge under 11 U.S.C.S. § 523(a)(4). More than five months later, creditor filed an amended complaint in which it asserted that the debt was excepted from discharge under 11 U.S.C.S. § 523(a)(2), included claims arising under state law. The debtor sought dismissal of the new claims.
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Court
:
- 11 U.S.C.
Kirtley v. Stenzel (In re Rhein)
Jun
10
2013
Ruling
Investment in start-up company in exchange for commission on classic car sale for which contract did not exist was avoidable.
Procedural posture
Plaintiff chapter 7 trustee filed a complaint against defendant creditor seeking to avoid a security interest held by the creditor in estate property pursuant to 11 U.S.C.S. § 548(a)(1)(B) and seeking turnover of such property. The creditor filed motions for relief from the automatic stay and for an order of abandonment.
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Court
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In re Loomis
Feb
25
2013
Ruling
Confirmation of chapter 13 plan denied as debtor was not an individual with regular income.
Procedural posture
Chapter 13 debtor sought to discharge obligations not dischargeable in a chapter 7 case through a plan that proposed to pay taxes, attorneys fees, and nothing else.
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Court
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Williamson v. Westby (In re Westby)
Feb
04
2013
Ruling
State bankruptcy-only exemption for earned income credit tax refunds was constitutional.
Procedural posture
Chapter 7 trustee challenged a decision of the United States Bankruptcy Court for the District of Kansas, which determined that Kan. Stat. Ann. § 60-2315 (2012), providing bankruptcy-only exemption for earned income credit (EIC) tax refunds, was constitutional. The trustee also argued that the bankruptcy court erred in denying her request to file a supplemental brief on an issue under 11 U.S.C.S. § 544(a).
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Court
:
Judge or Jurisdiction information not available
- FRBP
In re Gordon
Jan
04
2013
Ruling
Rule 9011 did not apply to allegedly defamatory statement against trustee in letter from bank and counsel to U.S. Attorney's Office.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's case. The trustee asked the court to impose sanctions on a bank and its counsel, pursuant to 11 U.S.C.S. § 105, claiming that the bank and its counsel impugned his character in a motion they filed with the court and in letters they wrote.
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Court
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In re Latshaw Drilling LLC
Oct
12
2012
Ruling
Creditor's attorneys' fee application granted with reductions for overstaffing, underutiliztion of local counsel and unreasonable rates.
Procedural posture
A creditor filed an application under 11 U.S.C.S. § 506(b) for reimbursement of its out-of-pocket expenses and attorney fees and expenses arising out of mutual obligations under a pre-petition credit agreement with a chapter 11 debtor.
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Court
:
- 11 U.S.C.
NJL Invs. LLC v. Smart (In re Smart)
Sep
27
2012
Ruling
Discharge denied due to knowing and fraudulent false oaths.
Procedural posture
In this adversary proceeding, creditor asked the court to deny defendant debtor a discharge pursuant to 11 U.S.C.S. § 727(a)(4) and (5).
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Court
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