CHAPTER 7 MEMORANDUM OPINION AND ORDER DETERMINING THE BANKRUPTCY ESTATE'S OBLIGATION FOR MANAGEMENT FEES AND EXPENSES THROUGH FEBRUARY 28, 2013 Dale L. Somers, United States Bankruptcy Judge. Throughout this Chapter 7 case, Bill Fair & Co. (BFC) has managed real properties owned by Debtor. The amount owed by the estate to BFC as management fees and for expenses is a contested issue, which has been the subject of three days of trial, begun on May 22 and 23, 2013, 1 and concluded on...
Chapter 13 MEMORANDUM OPINION Robert E. Nugent, United States Chief Bankruptcy Judge. When a chapter 13 debtor's confirmation hearing ends with the confirmation of a plan that rejects a personal property lease, two things happen: the leased property is no longer property of the estate 1 and both the automatic and codebtor stays terminate as to the leased property. 2 As with any rejection of a lease, the rejection operates as a prepetition breach. 3 When the stays are terminated as to the...
Chapter 7 Memorandum Opinion and Order Denying as Moot Debtor's Motion to Order Trustee to Abandon Debtor's Trust Interest Janice Miller Karlin, United States Bankruptcy Judge. The Court has heard evidence on the main issue in this case, which is whether a debtor's interest in a revocable trust that contains a spendthrift clause is a part of the bankruptcy estate upon the debtor's filing a petition in bankruptcy. On March 10, 2004, Gary Robben ("Debtor") filed a Chapter 7 petition. After...
Chapter 13 Memorandum Opinion and Order Overruling in Part and Sustaining in Part the Trustee's Objection to Plan Confirmation Janice Miller Karlin, United States Bankruptcy Judge. Debtors seek confirmation of a Chapter 13 plan 1 that treats debts owed to two unsecured creditors—a student loan creditor and the Kansas Department of Labor (KDOL)—dramatically more favorably than the debts they owe to their many other general unsecured creditors. Debtors' plan also calls for them to retain and...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT IGT'S MOTION FOR SUMMARY JUDGMENT ROBERT D. BERGER, U.S. BANKRUPTCY JUDGE This matter comes before the Court on Defendant IGT's Motion for Summary Judgment. 1 After reviewing the pleadings and considering the oral arguments heard on August 7, 2013, the Court is prepared to rule. Introduction The Trustee sued Defendant to recover $87,339.49 that IGT owes Sports Associated Transportation (Debtor). 2 IGT responded with its counterclaim against...
CHAPTER 11 MEMORANDUM OPINION AND ORDER DENYING COMPLAINT FOR EXCEPTION OF DEBT FROM DISCHARGE Dale L. Somers, United States Bankruptcy Judge. The Complaint in this adversary proceeding was filed by Bank of Commerce & Trust Company, Wellington, Kansas (Bank), to except from discharge under 11 U.S.C. 523(a)(2) and (a)(6) its claim against Debtors Jonathan I. Schupbach and Amy M. Schupbach (collectively Debtors) and for a determination of the amount excepted from discharge. The Court has...
ORDER DENYING IN PART AND GRANTING IN PART TRUSTEE'S OBJECTION TO CONFIRMATION ROBERT D. BERGER, U.S. BANKRUPTCY JUDGE DISTRICT OF KANSAS This matter comes before the Court on the Chapter 13 Trustee's Objection to Confirmation of Debtors' Chapter 13 plan. 1 The Trustee objects to the plan because it proposes to allow the Debtors to keep their expensive home while paying nothing to general unsecured creditors. The Trustee argues that the monthly housing cost is not a reasonable and...
ORDER DENYING MOTION TO ALTER OR AMEND JUDGMENT ROBERT E. NUGENT, Chief Judge. The Receiver moves for an order amending the judgment in this case to find that Kim Bratt's debt to the LLC should be excepted from discharge for embezzlement under 523(a)(4). 1 The Receiver specifically takes issue with the finding that he failed to plead embezzlement as a separate claim for relief in the adversary proceeding. Indeed, he argues that the plaintiff's contentions in the complaint and pretrial...
MEMORANDUM OPINION ROBERT E. NUGENT, Chief Judge. Introduction Sometime in his life, nearly every guy wishes he could own a bar. When Todd Duggins met Dean Bratt, he realized that wish. Dean invited Duggins and Clifford Lewis to invest in a south Wichita club called Shanannigans. The three formed a limited liability company to acquire the club from another limited liability company owned by Dean and Kim Bratt, Bratt Investments, L.L.C. When Dean and Duggins fell out, Duggins placed the...
MEMORANDUM OPINION AND ORDER GRANTING NCMIC FINANCE CORPORATION'S MOTION FOR SUMMARY JUDGMENT ON COUNT V DALE L. SOMERS, Bankruptcy Judge. In Counts IV and V of the Complaint, Plaintiff Christopher J. Redmond, Chapter 7 Trustee (Trustee) of Debtors Brooke Corporation, Brooke Capital Corporation, and Brooke Investments, Inc., seeks to avoid allegedly fraudulent transfers made by the Debtors and to recover the value thereof from NCMIC Finance Corporation (NCMIC). NCMIC moves for summary...
MEMORANDUM OPINION AND ORDER GRANTING IN PART THE PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIM COMPLAINT DALE L. SOMERS, Bankruptcy Judge. Plaintiff Christopher J. Redmond, Chapter 7 Trustee (Trustee) of Debtors Brooke Corporation, Brooke Capital Corporation, and Brooke Investments, Inc., moves under Federal Rule of Civil Procedure 12(b)(6) and (c), made applicable to this proceeding by Federal Rule of Bankruptcy Procedure 7012(b), to dismiss the counterclaims asserted by Defendant NCMIC...
