MEMORANDUM OPINION AND JUDGMENT SUSTAINING THE CHAPTER 7 TRUSTEE'S OBJECTION TO DEBTOR'S CLAIMED EXEMPTION OF HER INHERITEDIRA Dale L. Somers , United States Bankruptcy Judge . The matter before the Court is the Chapter 7 Trustee's objection to Debtor's claim of exemption of her Jackson Life IRA under K.S.A. 60-2308(b). The Chapter 7 Trustee, Carl R. Clark, appears by Shane J. McCall of Lentz Clark Deines PA. Debtor Rebecca Joanne Mosby appears by Ryan L. White of Evans & Mullinix, P.A....
OPINION DENYING CONFIRMATION OF THE DEBTOR'S CHAPTER 13 PLAN BECAUSE IT UNFAIRLY DISCRIMINATES IN FAVOR OF HER STUDENT LOAN CREDITOR Dale L. Somers , United States Bankruptcy Judge . In this case, the Court must determine whether the Debtor's proposed Chapter 13 plan can be confirmed. The plan places the Debtor's unsecured student loan creditors in a special class that will receive distributions while her other unsecured creditors will receive nothing. The Debtor appears by counsel David A....
MEMORANDUM OPINION AND JUDGMENT CONVERTING CASE TO CHAPTER 7 DALE L. SOMERS , Bankruptcy Judge . On October 29, 2015, trial was held on the motion of creditor CitiMortgage (Citi) to convert this Chapter 11 case to a Chapter 7 case. 1 Debtors appeared in person 2 and by their counsel, Camron Hoorfar. Citi appeared by Eric L. Johnson and Kersten L. Holzhueter of Spencer Fane Britt & Brown, LLP. The Court has jurisdiction. 3 FINDINGS OF FACT. A. PROCEDURAL HISTORY. Debtors, with the...
MEMORANDUM OPINION AND JUDGMENT DENYING DEBTORS' MOTION TO REIMPOSE STAY AND FINDING THAT DEBTORS AGREED THAT THE DEED OF TRUST MISTAKENLY RELEASED BY CITIMORTGAGE BE REINSTATED DALE L. SOMERS , Bankruptcy Judge . On October 29, 2015, trial was held on a long-standing dispute between Debtors Mark and Shelly Neighbors (Debtors) and CitiMortgage (Citi) concerning a deed of trust securing Citi's loan on real property located in Gravois Mills, Missouri, which the Debtors listed on their...
MEMORANDUM OPINION AND JUDGMENT GRANTING TRUSTEE'S OBJECTION TO EXEMPTION OF $24,000 ATTORNEY FEES JUDGMENT AND DENYING TRUSTEE'S OBJECTION TO EXEMPTION OF MONTHLY MAINTENANCE JUDGMENT AWARDED TO DEBTOR IN DIVORCE PROCEEDING DALE L. SOMERS , Bankruptcy Judge . The Chapter 7 Trustee, Christopher J. Redmond, 1 objects to Debtor's claim in her Schedule C that a $24,000 attorney fees award and a $1,300 monthly maintenance award, including a cash balance in an account traceable to such...
POST-TRIAL MEMORANDUM OPINION AND ORDER Dale L. Somers , United States Bankruptcy Judge . This adversary proceeding began with claims asserted against certain parties other than SpiritBank, but SpiritBank was later added as a defendant and the claims against the other defendants have been resolved. In the remaining counts, Christopher J. Redmond, the Chapter 7 Trustee of the Debtors, Brooke Corporation (Brooke Corp), Brooke Capital Corporation (Brooke Capital), and Brooke Investments, Inc....
MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT DALE L. SOMERS , Bankruptcy Judge . In this adversary proceeding Plaintiff China Arbuckle, formerly known as China Gordon, seeks a determination that her claim for payment of a $500,000 state court judgment against Debtor Michelle N. Gordon is not dischargeable under 11 U.S.C. 523(a)(6). 1 Plaintiff, through her counsel Alan B. Gallas of Gallas & Schultz, has moved for summary judgment based upon the findings...
MEMORANDUM OPINION AND ORDER GRANTING JEFFERSON CAPITAL SYSTEM'S MOTION TO VACATE ORDER GRANTING DEBTOR'S MOTION FOR LIEN RELEASE AND WITHDRAWING THE ORDER GRANTING DEBTOR'S MOTION FOR LIEN RELEASE DALE L. SOMERS , Bankruptcy Judge . The matter before the Court is the Motion to Vacate Order Granting Debtor's Motion for Lien Release filed by creditor Jefferson Capital Systems (Jefferson Capital). Jefferson Capital appears by Jill D. Olsen of The Olsen Law Firm, LLC. Debtor Lottie Renea...
MEMORANDUM OPINION AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT, GRANTING GMAC'S MOTION AND DENYING THE TRUSTEE'S MOTION Dale L. Somers , United States Bankruptcy Judge . Plaintiff Christopher J. Redmond, the Chapter 7 Trustee of Debtor Brooke Capital Corporation, seeks to recover from Defendant GMAC Insurance Management Corporation (GMAC) as preferential transfers and fraudulent conveyances approximately $1 million in premium payments transferred by Brooke Capital to GMAC within the 90...
ORDER ON REMAND ROBERT E. NUGENT , Bankruptcy Judge . On August 25, 2015, the United States District Court, Hon. J. Thomas Marten, reversed this Court's determination that Ark Valley Credit Union's lien did not attach to Jeffrey Gracy's manufactured home and remanded the adversary proceeding for me to determine whether that home was a fixture. 1 If the home was a fixture on the petition date, the lien of Ark Valley's mortgage encumbers it and, if that encumbrance is unperfected as to the...
MEMORANDUM OPINION AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT, GRANTING CJD'S MOTION AND DENYING THE TRUSTEE'S MOTION Dale L. Somers , United States Bankruptcy Judge In this adversary proceeding, Christopher J. Redmond, the Chapter 7 Trustee of Debtors Brooke Corporation (Brooke Corp), Brooke Capital Corporation (Brooke Capital), and Brooke Investments, Inc., seeks to avoid certain transfers from Brooke Corp to Defendant CJD & Associates, LLC (CJD), under 11 U.S.C. 547, to recover...
MEMORANDUM OPINION Robert E. Nugent , United States Chief Bankruptcy Judge . Is the chapter 13 Trustee barred from avoiding a secured creditor's liens post-confirmation when she did not object to confirmation Does it matter whether the Trustee signed an Agreed Order providing for the creditor's claims to be treated as secured or that she did so before the claims bar date and didn't have an opportunity to see, far less object to, the creditor's claim before confirmation And if the...
MEMORANDUM OPINION AND JUDGMENT DENYING DEBTOR'S MOTION FOR AN ORDER UNDER 11 U.S.C. 105 ENJOINING THE ACTIONS OF STATE OFFICIALS IN A PENDING CRIMINAL PROSECUTION AGAINST DEBTOR Dale L. Somers , United States Bankruptcy Judge . This controversy concerns the relationship of the Bankruptcy Court with the Johnson County, Kansas District Court and the Johnson County District Attorney when, on the date she filed her Chapter 13 petition, Debtor Monica Williams was a party to a criminal...
Chapter 7 MEMORANDUM OPINION Robert E. Nugent , United States Chief Bankruptcy Judge When Jeffrey Gracy took two home equity loans from Ark Valley Credit Union, he signed mortgages that described the real estate upon which he lives, along with any improvements and fixtures. He intended to grant and Ark Valley intended to take liens in his land as well as his residence, a manufactured home. Neither he nor Ark Valley took measures to eliminate the certificate of title on his...
