Order Denying Defendant's Motion to Dismiss JANICE MILLER KARLIN . Bankruptcy Judge . Plaintiff Patricia E. Hamilton ("Trustee"), Trustee for the Chapter 7 bankruptcy estate of Debtor Patricia K. Stamatson, seeks to avoid the postpetition transfer Debtor made of her home to Defendant Jerry Livingston ("Livingston"). The Trustee also seeks to avoid a lien she contends Debtor granted Livingston on that property (the "Emporia property"). Livingston moves to dismiss the complaint, asserting...
Memorandum Opinion and Order Granting Plaintiff KDoL's Motion for Summary Judgment and Granting in Part, and Denying in Part, Debtor's Objection to Claim JANICE MILLER KARLIN , Bankruptcy Judge . Plaintiff Kansas Department of Labor ("KDoL") filed a proof of claim in the Chapter 13 bankruptcy case of Debtor/Defendant Dan Henry Oliver, Jr. ("Debtor") arising out of Debtor's receipt of unemployment benefits—some of which benefits KDoL asserts he received fraudulently. KDoL claimed all but $...
Order Denying Defendants Bradley Roberson and Stacy Roberson's Motions to Dismiss/Motions for Extension of Deadlines JANICE MILLER KARLIN , Bankruptcy Judge . Defendant Bradley Roberson is currently representing himself in this adversary proceeding, and ten months into the proceeding filed a motion to dismiss alleging that this Court lacks personal jurisdiction over him. 1 But Mr. Roberson's counseled answer to the complaint against him, and the pro se pleading the Court construed as an...
Order Granting Motion for Summary Judgment of the U.S. Department of Education JANICE MILLER KARLIN , Chief Bankruptcy Judge . This adversary proceeding is before the Court on the motion for summary judgment of Defendant U.S. Department of Education (DoEd), seeking judgment on Plaintiff/Debtor Paula Maxine Edwards' claim under 11 U.S.C. 523(a)(8). 1 Section 523(a)(8) generally states that educational loans are excepted from a Chapter 7 discharge unless the debt imposes "an undue...
Order Denying Motion for Judgment on the Pleadings JANICE MILLER KARLIN , Bankruptcy Judge . This adversary proceeding is before the Court on the motion for judgment on the pleadings of the United States Trustee, seeking judgment on two of his four claims—under 11 U.S.C. 727(a)(3) and (a)(5)—against Defendant/Debtor Rick Wasinger. 1 Section 727(a)(3) and (a)(5) generally deny debtors a discharge if they have concealed information or failed to explain a loss of assets. Although Debtor...
Memorandum and Opinion Discharging Non-Stafford Portion of Navient Solutions, Inc. Student Loans Janice Miller Karlin , United States Chief Bankruptcy Judge . This adversary proceeding is before the Court on Plaintiff/Debtor Paula Maxine Edwards' complaint to discharge a portion of the student loans she owes Navient Solutions, Inc. (Navient) under 11 U.S.C. 523(a)(8). 1 That statute generally states that educational loans are excepted from a Chapter 7 discharge unless the debt imposes "...
Order Denying Debtors' Motion to Convert JANICE MILLER KARLIN , Bankruptcy Judge . Debtors Frederick and Rosella Prins ("Debtors") move to convert their Chapter 7 case filed two years ago, in August 2014, to a Chapter 13, relying on 11 U.S.C. 706(a). 1 The Chapter 7 Trustee, Christopher Redmond ("Trustee" or "Chapter 7 Trustee"), objects, arguing that Debtors cannot convert their case because they are not eligible to be debtors under Chapter 13 as required by 706(d). He argues Debtors...
Order Denying Debtor's Motion to Dismiss JANICE MILLER KARLIN , Bankruptcy Judge . This adversary proceeding is before the Court on Defendant/Debtor's motion to dismiss 1 the adversary complaint of Plaintiff/Creditor Kansas Department of Labor ("KDoL"), arguing KDoL's claim for the nondischargeability of debt under 11 U.S.C. 523(a)(2) 2 is time barred. But this is a converted case, and the Federal Rules of Bankruptcy Procedure dictate that a new filing period for filing a complaint to...
NOT DESIGNATED FOR PUBLICATION MEMORANDUM OPINION AND ORDER DENYING DEBTOR'S MOTION FOR THE BANKRUPTCY COURT TO IMPOSE A STAY UNDER 105 OF THE DISTRICT COURT CASE AGAINST DEBTOR DALE L. SOMERS , Bankruptcy Judge . The matter under advisement is Debtor Paul Robben's motion for an order under 11 U.S.C. 105 1 to enjoin all litigation against him in the United States District Court for the District of Kansas, Foxfield Villa Assocs., LLC, v. Regnier, case no. 12-CV-2528-CM-CPO ("...
Not designated for publication MEMORANDUM OPINION AND ORDER DENYING DEBTOR'S MOTION FOR THE BANKRUPTCY COURT TO IMPOSE A STAY UNDER 105 OF THE DISTRICT COURT CASE AGAINST DEBTOR DALE L. SOMERS , Bankruptcy Judge . The matter under advisement is Debtor Paul Robben's motion for an order under 11 U.S.C. 105 1 to enjoin all litigation against him in the United States District Court for the District of Kansas, Foxfield Villa Assocs., LLC, v. Regnier , case no. 12-CV-2528-CM-CPO ("...
Not designated for publication MEMORANDUM OPINION AND ORDER DENYING THE BARTLETT PARTIES' MOTION FOR AN ORDER THAT ALL DISCHARGEABILITY ISSUES WILL BE DETERMINED BY THIS COURT AND FOR CONFIRMATION THAT THEY MAY PURSUE ALL THEIR DISTRICT COURT CLAIMS AGAINST DEBTOR PAUL ROBBEN DALE L. SOMERS , Bankruptcy Judge . The matter under advisement is the Bartlett Parties' 1 motion for an order that all issues about the dischargeability of their claims against Debtor Paul Robben will be determined...
MEMORANDUM OPINION AND ORDER APPROVING SEPARATE CLASSIFICATION AND DISCRIMINATION IN FAVOR OF STUDENT LOANS ROBERT D. BERGER , U.S. BANKRUPTCY JUDGE , DISTRICT OF KANSAS. Confirmation of Debtors' Chapter 13 plan is pending before the Court. 1 William H. Griffin, the Chapter 13 trustee (Trustee), objects to confirmation and alleges Debtors' separate classification and favored treatment of presumptively nondischargeable student loans is unfairly discriminatory in violation of 11 U.S.C....
MEMORANDUM OPINION AND ORDER GRANTING PARTIAL DISCHARGE OF STUDENT LOANS Dale L. Somers , United States Bankruptcy Judge The matter before the Court is the adversary complaint filed by Debtors Alan J. and Catherine A. Murray seeking a determination that excepting the federal student loan debts they owe to the Defendant, Educational Credit Management Corporation (ECMC), from their discharges would impose an undue hardship on them, and, therefore, the loans are dischargeable under 11 U.S.C....
MEMORANDUM OPINION ROBERT E. NUGENT , Bankruptcy Judge . While a chapter 13 debtor can voluntarily dismiss her case at any time and for any reason under 11 U.S.C. 1307(b), the bankruptcy court retains the discretion to condition that dismissal in several ways. If there is cause, the Court may except debts that are dischargeable in the current case from discharge in a future case. 1 And, if the debtor has violated a court order or engaged in certain other misconduct, the Court can bar...
MEMORANDUM OPINION AND ORDER FOLLOWING EVIDENTIARY HEARING ON SPECIFIC ISSUES RELEVANT TO DEBTORS' MOTION TO DISMISS DALE L. SOMERS , Bankruptcy Judge . On September 27, 2016, the Court conducted an evidentiary hearing on two specific issues related to the Debtors' motion to dismiss under 11 U.S.C. 305(a) and 707(a). 1 Debtors appeared in person and by their counsel, Camron L. Hoorfar. Creditor CitiMortgage, Inc. (Citi) appeared by Eric Johnson and Kersten Holzhueter. Creditor Bank of...
AMENDED ORDER 1 ON RON D. BEAL'S MOTION FOR ADMINISTRATIVE EXPENSES (Doc. 275) ROBERT E. NUGENT , Bankruptcy Judge . A Kansas lawyer who is working for a stipulated fee and is discharged can claim the value of his services as quantum meruit. But when that fee has been approved by the bankruptcy court under 11 U.S.C. 328, it can only be altered in very unusual circumstances. When that attorney is also employed on an hourly basis to handle certain matters, the value of that work is...
DESIGNATED FOR ONLINE PUBLICATION ORDER GRANTING IN PART AND DENYING IN PART RON D. BEAL'S MOTION TO ALTER OR AMEND JUDGMENT (Doc. 383) ROBERT E. NUGENT , Bankruptcy Judge . On September 14, 2016 the Court denied the Fourth Interim and Final Application of Ron D. Beal ("Beal") for attorney fees of $33,374, but granted Mr. Beal's request for reimbursement of $2,400 storage expenses made in the same application. 1 Beal was employed as special counsel to the debtor in possession under a...
DESIGNATED FOR ONLINE PUBLICATION ORDER DENYING TRUSTEE'S MOTION TO MODIFY CONFIRMED PLAN ROBERT E. NUGENT , Bankruptcy Judge . A modified plan's proponent must prove that the proposed modification complies with the requirements of 11 U.S.C. 1325(a), including that the debtor will be able to make all of the proposed payments. 1 The Chapter 13 Trustee proposes that Stephen and Dana Wilhelm's confirmed plan be modified to increase their monthly payments based upon additional disposable...
ORDER ON RON D. BEAL'S MOTION FOR ADMINISTRATIVE EXPENSES ROBERT E. NUGENT , Bankruptcy Judge . A discharged Kansas lawyer who is working for a stipulated fee can claim the value of service as quantum meruit . But when that agreement has been approved by the bankruptcy court under 11 U.S.C. 328, it can only be altered in very unusual circumstances. Even if quantum meruit is an available remedy, the lawyer's services must still benefit the estate. Debtor Dynamic Drywall, Inc. (DDI)...
MEMORANDUM OPINION AND ORDER TRANSFERRING ADVERSARY PROCEEDING TO THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA Robert D. Berger , United States Bankruptcy Judge . Plaintiff-Debtor International Electric, Inc., commenced this adversary proceeding against Anthony & Gordon Construction Co., Inc., and Great American Insurance Company for breach of contract and recovery of money for services rendered. 1 The parties appear by counsel. 2 JURISDICTION This Court has...
