Serna, In re
Apr
02
2025
Ruling
Dismissal or conversion to Chapter 13 denied as Chapter 7 debtors had insufficient ability to pay unsecured creditors in hypothetical Chapter 13 plan and lacked bad faith. (Bankr. D. Kan.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.
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Court
:
- 11 U.S.C.
Tarpenning, In re
Nov
04
2024
Ruling
Creditors demonstrated good cause to extend their deadlines to file a motion to dismiss or seek exception to, or denial of, discharge due to debtor's multiple failures to attend the creditor's meeting and his failure to complete his required schedules. (Bankr. D. Kan.)
Issue(s)
Meetings of Creditors and Equity Security Holders.
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Court
:
- 11 U.S.C.
Anaya, In re--Anaya v. Shellpoint Mortg. Servicing
Apr
22
2024
Ruling
Defendant was entitled to summary judgment that statements sent did not violate thedischarge injunction as the record contained no evidence and concrete effect of coercingpayment of the discharged debt. (Bankr. D. Kan.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to
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Court
:
Terry, In re--Southampton, Ltd. v. Terry
Mar
19
2024
Ruling
Oklahoma state court's findings of fraud did not entitle a creditor to summary judgment in itsnondischaregeability proceeding. (Bankr. D. Kan.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
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Terry, In re
Mar
19
2024
Ruling
Creditor's objection to exemption was timely as the adversary complaint filed by the creditorwithin the 30-day deadline specifically challenged the legal basis for the debtor's exemption.(Bankr. D. Kan.)
Issue(s)
Exemptions.
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Court
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1 Big Red LLC, In re--Williamson v. Guardians of Travel, LLC
Nov
29
2023
Ruling
Fraudulent transfer complaint adequately set forth debtor’s insider status with transferee.(Bankr. D. Kan.)
Issue(s)
Definitions; “Insider”.
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Court
:
- 11 U.S.C.
Trickey, In re
Oct
16
2023
Ruling
Court sustained trustee's objection to confirmation of debtor's third amended Chapter 13 planas numerous errors in the debtor's official forms made it impossible to determine whether hisplan complied with § 1325(b)(1)(B). (Bankr. D. Kan.)
Issue(s)
Confirmation of Plan; Objections; Considerations on Objection By Trustee or
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Court
:
- 11 U.S.C.
Sanders, In re
Jul
07
2023
Ruling
Creditor's objection to confirmation of debtor ex-husband's Chapter 13 plan was sustained asthe debtor failed to satisfy his burden to show good faith. (Bankr. D. Kan.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Good Faith.
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Court
:
- 11 U.S.C.
Trickey, In re
Jul
07
2023
Ruling
Debtor's second amended Chapter 13 plan did not comply with § 1325(b)(1)(B) as the debtor'sprojected disposable income was the same as his disposable income. (Bankr. D. Kan.)
Issue(s)
Confirmation of Plan; Objections; Considerations on Objection By Trustee or
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:
Frey, In re--Ford v. Frey
Jun
21
2023
Ruling
Default judgment was not excepted from discharge as the debtor lawfully obtained the fundsthe judgment creditors had paid to him. (Bankr. D. Kan.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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