OPINION NUGENT, Bankruptcy Judge. Section 1121(e) of the Bankruptcy Code 1 provides that in small business Chapter 11 cases, only the debtor may file a plan of reorganization in the first 180 days after the case's filing. 2 The court may extend the debtor's exclusivity period for a longer time, but 1121(e)(2) says that " the plan and disclosure statement... shall be filed not later than 300 days after the date of the order for relief." 3 In this case, after the 300-day deadline had...
OPINION KARLIN, Bankruptcy Judge. This case poses the question, "how ordinary is ordinary " The ordinary course of business defense, set out in 11 U.S.C. 547(c)(2)(A), protects the creditor of a debtor who has filed bankruptcy from an action by a trustee to recover, as a preference, payments made by the debtor prior to bankruptcy as long as the creditor can meet two requirements. First, the creditor must show that the alleged preferential payment was made "in payment of a debt incurred by...
OPINION JACOBVITZ, Bankruptcy Judge. The appellant, Scott Dustin Sturgeon (the "Debtor"), appeals the bankruptcy court's judgment in favor of the appellee, Bank of Cordell (the "Bank"), on the Bank's non-dischargeability complaint under 11 U.S.C. 523(a)(2)(A) and (a)(2)(B). After a trial on the merits, the bankruptcy court concluded that, among other things, the Debtor engaged in a course and pattern of fraudulent activity to obtain loans and loan advances from the Bank rendering the debt...
MICHAEL, Bankruptcy Judge. The issue presented on appeal is whether a recently enacted Kansas statute exempting tax refunds attributable to the earned income credit for bankruptcy debtors is constitutional. The Chapter 7 trustee objected to the debtors' claimed exemption, arguing the Kansas bankruptcy-only exemption statute violates the Uniformity and Supremacy Clauses of the United States Constitution. The bankruptcy court concluded the exemption statute did not violate these constitutional...
