Bankruptcy Court for the District of Kansas Court Cases
In Re Roedemeier (2007)This matter was before the Court on April 5, 2007, for a combined hearing on approval of the Debtor's disclosure statement and confirmation of his plan of reorganization. The Debtor appeared by counsel Thomas Mullinix and Joanne Stutz. Creditor Bankers Healthcare Group did not object to the plan, but did object to (1) the disclosure statement, (2) the consolidation of the hearings on approval of the disclosure statement and confirmation of the plan, and (3) the Debtor's summary of balloting. [...]
Court: Bankruptcy Court for the District of Kansas Docket: 06-20292-11
In Re Rowe (2006)The issue before the Court is whether the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (hereafter "BAPCPA") eliminated the "fourth option," an alternative to reaffirmation or redemption available before BAPCPA in the Tenth Circuit for secured debts in Chapter 7 cases. The "fourth option," also called "ride through," allows a Chapter 7 debtor who is not in default and continues to make payments in accord with the loan agreement to retain possession of collateral and continue [...]
Court: Bankruptcy Court for the District of Kansas Docket: 05-27589
In Re Payne (2008)Debtors'/Plaintiffs' adversary complaint (Doc. No. 1) alleging violations of the automatic stay and the Real Estate Settlement Procedures Act (RESPA) against defendants Mortgage Electronic Registration Systems, Inc. (MERS), and Everhome Mortgage Co. f/k/a. Alliance Mortgage Co. (Everhome) is before the Court after a trial. The Court has jurisdiction to hear this matter. Based on the facts and arguments presented as well as pertinent legal authority, the Court hereby enters the [...]
Court: Bankruptcy Court for the District of Kansas Docket: Bankruptcy No. 01-23896. Adversary No. 04-06078
In Re Vega (2006)This contested matter is before the Court on the Objection to Confirmation filed by Universal Acceptance Corporation (UAC). The issue is whether a creditor can require, pursuant to certain provisions of 11 U.S.C. § 1325(a) added by the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), that a Chapter 13 debtor pay more than the purchase price of a motor vehicle purchased and pledged 15 day before the filing of bankruptcy, plus interest, when a now unsecured, antecedent [...]
Court: Bankruptcy Court for the District of Kansas Docket: 06-40010
In Re Howell (2007)This case comes on for confirmation of the debtors' amended Chapter 13 plan. Under that plan, the debtors propose to dedicate their projected disposable income to the payment of their unsecured creditors for a period of 36 months. The trustee objects that the debtors are not devoting all of their projected disposable income to payment of unsecured creditors as required by 11 U.S.C. § 1325(b)(1)(B). Specifically, the trustee contends that debtors' projected disposable income is too low as [...]
Court: Bankruptcy Court for the District of Kansas Docket: 06-11652
In Re DeThample (2008)This Court considers an issue requiring interpretation of certain provisions of the Bankruptcy Code enacted by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA): Is a 401 (k) disbursement received by an above-median income debtor during the 6-month period before filing included in the calculation of "current monthly income" under 11 U.S.C. § 101(10A) and the amount of "projected disposable income" that must be paid under the chapter 13 plan? The chapter 13 trustee [...]
Court: Bankruptcy Court for the District of Kansas Docket: 07-11829
In Re Wampler (2006)At a hearing on March 9, 2006, this Court confirmed the debtors' Chapter 13 plan over the objections of creditors Nuvell Financial Services Corporation ("Nuvell") (Doc. No. 18) and Wells Fargo Financial Acceptance ("Wells Fargo") (Doc. No. 20) (collectively the "Creditors"). An order confirming the debtors' Chapter 13 plan is reflected on the record (Doc. No. 26). The order confirming the debtor's Chapter 13 plan is currently on appeal to the United States Bankruptcy Appellate Panel of the [...]
Court: Bankruptcy Court for the District of Kansas Docket: 05-27659
In Re Figueira (1993)
The parties have agreed to the relevant facts. The debtors filed this case on October 23, 1991. The meeting of creditors was held pursuant to 11 U.S.C.A. § 341 on November 25, 1991, and the trustee asked the debtors to produce their bank statements for the 90 days before they filed for bankruptcy. They produced the records in February of 1992. The debtors were granted a discharge on March 16, 1992.
Court: Bankruptcy Court for the District of Kansas Docket: Bankruptcy No. 91-42194-7
In Re Miller (1997)This case is before the Court on the objection of creditor Lyons State Bank to the application for compensation filed by the debtors' attorney. Lyons State Bank (Lyons) appears by counsel Richard F. Hayse of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Topeka, Kansas. The debtors appear by counsel Tom R. Barnes II of Stumbo, Hanson & Hendricks, L.L.P., of Topeka, Kansas. The Court has reviewed the relevant pleadings, considered the arguments of counsel, and is now ready to rule.
Court: Bankruptcy Court for the District of Kansas Docket: Bankruptcy No. 96-41186-7
In Re Mazzoni (2004)This matter is before the Court on the debtor's objections (Doc. Nos. 16, 17, 18, and 20) to proofs of claim filed by American Express Centurion Bank; MBNA America Bank, N.A.; Chase Manhattan Bank USA, N.A.; and eCAST Settlement Corporation (the "Creditors"), respectively. The debtor, Donna C. Mazzoni ("Ms. Mazzoni"), objects to each proof of claim on the ground that "the writing on which the claim is based is not attached to the Proof of Claim." This matter constitutes a core proceeding [...]
Court: Bankruptcy Court for the District of Kansas Docket: 03-24141
In Re Jones (1990)This matter is before the court on the defendant's motion for summary judgment on its motion for relief from stay, debtors' motion to avoid judicial liens, and debtors' adversary complaint. The United States appears by counsel Benjamin L. Burgess, Jr., and Charles S. Kennedy III. Debtors appear by counsel Joel Pelofsky and James P. O'Hara. Debtors requested oral argument, but the court has reviewed the relevant pleadings, perceives no need for argument, and is now ready to rule. Debtors' motion [...]
Court: Bankruptcy Court for the District of Kansas Docket: Bankruptcy No. 88-41502-7, Adv. No. 89-0223
In Re Fisher (1983)
In these chapter 13 proceedings, at issue is the discount rate the trustee has proposed the IRS should receive on its secured claim. The IRS has filed a motion objecting to the discount rate currently awarded in this Court, asserting it is entitled to the rate of interest established by 26 U.S.C. § 6621.
Court: Bankruptcy Court for the District of Kansas Docket: Bankruptcy Nos. 81-40886, 83-40075
The debtor, American Properties, Inc., filed its chapter 11 petition for reorganization on March 5, 1980. An Order was signed on August 19, 1980 setting the final date for the filing of claims as September 9, 1980. According to the file, this Order was sent to the Saline County Treasurer (Treasurer), County Court House, Saline, Kansas, 67401. The Order was filed on August 26, 1980 (pleading # 74) and mailed to the Treasurer on August 22, 1980 (pleading # 74) (this Order will be referred to as [...]
Court: Bankruptcy Court for the District of Kansas Docket: Bankruptcy No. 80-40156, Adv. No. 83-0060
In Re Newman (1995)
This adversary was tried to the Court on January 24, 1995. The trustee appeared by J. Michael Morris of Klenda, Mitchell, Austerman & Zuercher, Wichita, Kansas. The defendant, Midway Southern Baptist Church (the "defendant" or the "church") appeared by Edgar W. Dwire of Malone, Dwire & Jones, Wichita, Kansas.
Court: Bankruptcy Court for the District of Kansas Docket: Bankruptcy No. 94-10233. Adv. No. 94-5126
In Re Butler (1984)
This matter came on for trial on October 28, 1983, upon a Complaint objecting to discharge pursuant to 11 U.S.C. § 727(a)(2)(A) and § 727(a)(4)(A). Plaintiff, The National Bank of Pittsburg, appeared by its counsel, Phillip Miller. Debtors/defendants, Dick Albert Butler and Helen Bette Butler, appeared in person and by their attorneys, Murvyl M. Sullinger and Tammy Sullinger.
Court: Bankruptcy Court for the District of Kansas Docket: Bankruptcy No. 83-20229, Adv. No. 83-0191
In Re Roth (2003)
This matter is before the Court on Trustee's Motion for Turnover (Doc. 22). The parties have fully briefed the issue and submitted Stipulations of Fact (Doc. 49). The Court has reviewed the arguments presented by the parties, the stipulated facts and the relevant law concerning this motion and is now prepared to rule. The Court has jurisdiction under 28 U.S.C. § 157(b).
Court: Bankruptcy Court for the District of Kansas Docket: 01-13378
In Re Champagne (2008)
MEMORANDUM OPINION GRANTING MOTION TO DISMISS OR CONVERT BECAUSE DEBTOR'S STUDENT LOAN PAYMENTS MAY NOT BE DEDUCTED FROM CURRENT MONTHLY INCOME AS A SPECIAL CIRCUMSTANCE UNDER 11 U.S.C. § 707(b)(2)(B)(i)
Court: Bankruptcy Court for the District of Kansas Docket: 07-10913
In Re Cowley (1983)
This matter came on for trial on June 30, 1983, and concluded on July 1, 1983. Plaintiff, American Metals Corporation (AMC) and its trustee, plaintiff, E.L. Bittner, appeared by the attorney for the trustee, James S. Willis of McDowell, Rice & Smith, Chartered. Debtor/defendant, Kenneth Cowley, appeared in person and by his attorney, Hosea Ellis Sowell. Trial was on AMC's dischargeability complaint, brought under 11 U.S.C. § 523(a)(4).
Court: Bankruptcy Court for the District of Kansas Docket: Bankruptcy No. 82-20972, Adv. No. 82-0283
In Re Payne (1983)
In these three cases, consolidated for decision because of common issues of law pursuant to F.R.Civ.P. 42(a) and Bankr.Rl. 742, the Court must determine whether obligations and contingent obligations owed to the Kansas Insurance Commissioner are priority taxes in bankruptcy. The Paynes have filed a chapter 13 proceeding. Burrel Brown has filed a chapter 7 petition in bankruptcy. The Watts have also filed a chapter 7 petition.
Court: Bankruptcy Court for the District of Kansas Docket: Bankruptcy Nos. 81-40899, 82-10168 and 82-10485, Adv. Nos. 82-0210, 82-0534
In Re Cascade Oil Co., Inc. (1986)This adversary proceeding is before the Court upon the joint motion of the debtor and Official Unsecured Creditors' Committee for partial summary judgment with respect to certain individual defendants in the above captioned adversaries. Hereafter the Court will refer to "the Committee", "the debtor" and "the Kirklands" as such and the various purchasers of working interest shares as the "investors". The Court recognizes that the label "investor" may not reflect the position of all such [...]
Court: Bankruptcy Court for the District of Kansas Docket: Bankruptcy No. 82-10635, Adv. No. 83-0205