CHAPTER 11 MEMORANDUM OPINION AND ORDER GRANTING DEBTOR'S APPLICATION FOR ENGAGEMENT OF COUNSEL WITH MODIFICATIONS Dale L. Somers, United States Bankruptcy Judge. On July 8, 2014, one day following the filing of the petition in this Chapter 11 case, Debtor Leon Hall filed his Application by Debtor for the Engagement of Counsel. In it he sought approval of employment of Eron Law, P.A. under 11 U.S.C. 327, 1 effective November 1, 2013, on a contingency fee basis under 328(a), or...
Chapter 13 ORDER DENYING MOTION TO MODIFY CONFIRMED PLAN AND DISMISSING CASE Robert E. Nugent, United States Chief Bankruptcy Judge When these debtors confirmed their chapter 13 plan in 2009, they were above-median debtors whose applicable commitment period was five years. In calculating their projected disposable income under 1325(b), they deducted from their current monthly income over $900 a month for federal income tax withholding. On their Schedules I and J, they explained that they...
CHAPTER 11 MEMORANDUM OPINION AND ORDER DENYING DEBTOR'S OBJECTION TO THE CLAIM OF EAGLE WOODS, LLC (CLAIM NO. 15) BASED UPON EAGLE WOODS, LLC'S FAILURE TO REGISTER TO DO BUSINESS IN KANSAS Dale L. Somers, United States Bankruptcy Judge On February 13, 2014, Eagle Woods, LLC, a Missouri limited liability company (Eagle Woods), filed a timely proof of claim for Debtor's alleged breach of a lease of real property located in Olathe, Kansas. 1 Debtor Flex Financial Holding Company (Flex)...
Chapter 13 Memorandum Opinion and Order Sustaining Trustee's Objections to Confirmation of Chapter 13 Plan and Objections to Exemption Janice Miller Karlin, United States Bankruptcy Judge. Debtors, William and Bonnie McDonald and Kliffton and Jeanette Scott, have filed chapter 13 plans that do not propose to pay any amount to satisfy the best interest of the creditors test of 11 U.S.C. 1325(a)(4) with regard to per capita payments they receive from the Prairie Band Potawatomi Nation Indian...
Chapter 13 MEMORANDUM OPINION Robert E. Nugent, United States Chief Bankruptcy Judge Chapter 13 provides an orderly means for debtors to resolve financial difficulties by repaying their unsecured creditors, at least in part, over the life of their plans. Under 11 U.S.C. 1325(b)(1)(B), (b)(2) and (b)(3), above-median-income debtors must pay their projected disposable income, as calculated under 11 U.S.C. 707(b)(2)(A) and (B), to the unsecured pool during the applicable commitment period...
MEMORANDUM OPINION AND ORDER DENYING THE TRUSTEE'S MOTION FOR SUMMARY JUDGMENT AGAINST DEFENDANTS STEVEN AND WANDA SCHMIDT Dale L. Somers, United States Bankruptcy Judge In this action, the Trustee seeks to avoid allegedly preferential transfers and constructively fraudulent conveyances made by Debtor Brooke Corporation (Brooke Corp) to Defendant Brooke Holdings, Inc. (BHI), and to recover part of those avoided transfers from Defendants Steven and Wanda Schmidt (the Schmidts) 1 under 11 U.S....
ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Robert D. Berger, United States Bankruptcy Judge. This matter is before the Court on the motion for summary judgment of Plaintiff Eric C. Rajala, Chapter 7 Trustee. 1 The Trustee appears by his attorney, Stephen G. Mirakian of Wyrsch Hobbs Mirakian, P.C., Kansas City, Missouri. The Defendant William Martin, Jr., appears by his attorneys, Jeffrey A. Deines and Shane J. McCall of Lentz Clark Deines, P.A., Overland Park, Kansas. Defendant...
CHAPTER 7 MEMORANDUM OPINION AND ORDER DENYING DEFENDANT'S MOTION FOR LEAVE TO FILE AMENDED ANSWER Dale L. Somers, United States Bankruptcy Judge Defendant CJD & Associates, LLC (CJD), moves under Bankruptcy Rule 7015 and Civil Rule 15(a)(2) 1 to file an amended answer denying the Plaintiff's allegation that CJD is an insider of Debtors, which CJD admitted in its previously filed answer. 2 Plaintiff opposes the motion primarily on the ground that the amendment would be futile since CJD...
Chapter 13 MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF/DEBTOR'S MOTION FOR SUMMARY JUDGMENT ROBERT D. BERGER, U.S. BANKRUPTCY JUDGE Debtor Patricia J. Turkal filed suit against Defendant Altamira Condominium Association ("Altamira") seeking a determination that Debtor's post-petition homeowners association dues are dischargeable under 11 U.S.C. 1328(a). 1 Debtor has moved for summary judgment, 2 and Altamira has responded, largely agreeing with Debtor on the facts but alleging...
> MEMORANDUM OPINION AND JUDGMENT DENYING DEBTOR'S CLAIM OF EXEMPTION OF AMERICAN OPPORTUNITY TAX CREDIT DALE L. SOMERS, Bankruptcy Judge. Debtor Cristie Likins filed an amended Schedule C, "Property Claimed as Exempt," that included $1,000 1 for her "2012 American Opportunity Credit" under 20 U.S.C. 1095a(d). The Chapter 7 Trustee, Linda S. Parks, objected. The case has been submitted for decision 2 on a joint stipulation of facts and the briefs. 3 For the reasons discussed below, the...
