MEMORANDUM OPINION THE HONORABLE DENNIS R. DOW , UNITED STATES BANKRUPTCY JUDGE . Kenneth S. Johnson, Jr. and Debra L. Johnson (collectively, the "Debtors", appearing pro se ) filed a complaint seeking a determination that their student loan debt ("Student Loans") owed to the Department of Education, Navient Solutions, Inc. ("Navient") and Educational Credit Management Corporation ("ECMC") (collectively, the "Defendants") is dischargeable pursuant to 11 U.S.C. 523(a)(8) on the...
JUDGMENT The issues of this proceeding having been duly considered by the Honorable Arthur B. Federman, United States Bankruptcy Judge, and a decision having been reached without trial or hearing. IT IS ORDERED AND ADJUDGED : That Judgment is hereby entered in favor of Plaintiff Mary Beth Guentert, that all obligations which have or may be owed by Defendant Gary Lee Guentert to Plaintiff arising out of or pertaining to their dissolution of marriage proceeding, Case No. 1016-FC051851 and Case...
JUDGMENT The issues of this proceeding having been duly considered by the Honorable Arthur B. Federman, United States Bankruptcy Judge, and a decision having been reached without trial or hearing. IT IS ORDERED AND ADJUDGED : That Judgment is hereby entered in favor of Plaintiff Mary Beth Buentert, that all obligations which have or may be owed by Defendant Gary Lee Guentert to Plaintiff arising out of or pertaining to their dissolution of marriage proceeding, Case No. 1016-FC05185 and Case...
JUDGMENT The issues of this proceeding having been duly considered by the Honorable Dennis R. Dow, United States Bankruptcy Judge, and a decision having been reached without trial or hearing. IT IS ORDERED AND ADJUDGED : Defendant's obligations to Plaintiff under the decree constitute debts to a former spouse of the debtor, incurred by Defendant in the course of a divorce proceeding, and are excepted from a chapter 7 discharge under 11 U.S.C. 523(a)(15). The Court therefore finds that...
JUDGMENT This proceeding having come on for trial or hearing before the court, the Honorable Dennis R. Dow, United States Bankruptcy Judge, presiding, and the issues having been duly tried or heard and a decision having been rendered. IT IS ORDERED AND ADJUDGED : The indebtedness owed by the Plaintiffs, Kenneth and Debra Johnson, to the Defendants, the Department of Education, Navient and ECMC, as referenced in the Plaintiffs Complaint to Determine Dischargeability of Student Loan(s) under...
JUDGMENT The issues of this proceeding having been duly considered by the Honorable Arthur B. Federman, United States Bankruptcy Judge, and a decision having been reached after a trial or hearing. IT IS ORDERED AND ADJUDGED: That Amended Judgment is hereby entered in favor of the trustee, and against the debtor, in the amount of $4216.00, representing the 2014 income tax refunds, and in the amount of $2200.00 representing cash proceeds from the post-petition sale of a horse that is property...
JUDGMENT The issues of this proceeding having been duly considered by the Honorable Arthur B. Federman, United States Bankruptcy Judge, and a decision having been reached without trial or hearing. IT IS ORDERED AND ADJUDGED : That in accordance with the Order and Judgment(Doc. #27), entered by the court on 12/11/2015, Judgment is hereby entered in favor of the Plaintiff, and against the Defendant, David K. Estess Revoking his Chapter 7 Discharge. The Complaint is DISMISSED with prejudice as...
JUDGMENT This proceeding having come on for trial or hearing before the court, the Honorable Arthur B. Federman, United States Bankruptcy Judge, presiding, and the issues having been duly tried or heard and a decision having been rendered. IT IS ORDERED AND ADJUDGED : That in accordance with the Order Imposing Sanctions and Fines(Doc. No. 8), Judgment is hereby entered in favor of the Plaintiff, Daniel J. Casamatta, Acting United States Trustee, and against the Defendant, Robert B. Lustig, d/...
JUDGMENT This proceeding having come on for trial or hearing before the court, the Honorable Arthur B. Federman, United States Bankruptcy Judge, presiding, and the issues having been duly tried or heard and a decision having been rendered. IT IS ORDERED AND ADJUDGED : That in accordance with the Order Imposing Sanctions and Fines (Doc. No. 20), Judgment is hereby entered in favor of the Plaintiff, Daniel J. Casamatta, Acting United States Trustee, and against the Defendants, MaLynda Perez-...
JUDGMENT The issues of this proceeding having been duly considered by the Honorable Arthur B. Federman, United States Bankruptcy Judge, and a decision having been reached without trial or hearing. IT IS ORDERED AND ADJUDGED: That Judgment by consent of the parties is hereby entered in favor of the Plaintiff and against Defendant Michael Ray Ussery only in the amount of $900,000.00 on Count I of the Complaint and the court finds that the said sum is non-dischargeable under 11 U.S.C. Section...
MEMORANDUM OPINION DENNIS R. DOW , UNITED STATES BANKRUPTCY JUDGE . Before the Court for determination in this adversary proceeding are claims asserted in the complaint filed by plaintiff Daniel J. Casamatta, Acting United States Trustee ("Trustee") for denial of discharge against debtor Yolanda Sherice Holden ("Debtor"), pursuant to 11 U.S.C. 727(a)(2)(A) & (B) and (a)(4). This Court has jurisdiction over the complaint under 28 U.S.C. 1334(b) and 157(a) and (b). This is a core...
JUDGMENT The issues of this proceeding having been duly considered by the Honorable Cynthia A. Norton, United States Bankruptcy Judge, and a decision having been reached without trial or hearing. IT IS ORDERED AND ADJUDGED : that the described unemployment insurance benefit indebtedness owed by Defendant Carter to KDoL in the amount of $1,440.00, which is subject to statutory penalties in the amount of $0 and interest as imposed pursuant to K.S.A. 44-719(d)(2), which interest has accrued in...
JUDGMENT The issues of this proceeding having been duly considered by the Honorable Arthur B. Federman, United States Bankruptcy Judge, and a decision having been reached without trial or hearing. IT IS ORDERED AND ADJUDGED: That Judgment of Nondischargeability pursuant to 11 U.S.C. Section 523(a)(2) is entered against Debtor/Defendant, Carmella E. Greene, and in favor of First National Bank of Omaha in the sum of $1,000.00.
JUDGMENT The issues of this proceeding having been duly considered by the Honorable Arthur B. Federman, United States Bankruptcy Judge, and a decision having been reached without trial or hearing. IT IS ORDERED AND ADJUDGED: The Court having approved the stipulated settlement among the parties(doc.#100), funds now held in an account at TelComm Credit Union in the name of Gregg Family Trust by Bruce Tindall, in the remaining amount of $323,000 plus interest, less a charge for printing checks,...
JUDGMENT The issues of this proceeding having been duly considered by the Honorable Dennis R. Dow, United States Bankruptcy Judge, and a decision having been reached without trial or hearing. IT IS ORDERED AND ADJUDGED : Judgment is entered in favor of the Plaintiff and against the Defendant. The Defendant is ordered to pay to Plaintiff the amount of $2,750.00, being a total of $1,510.00 for the 2014 tax refund, $890.00 for Plaintiffs attorneys fees, and $350.00 for Court costs. The...
JUDGMENT The issues of this proceeding having been duly considered by the Honorable Arthur B. Federman, United States Bankruptcy Judge, and a decision having been reached without trial or hearing. IT IS ORDERED AND ADJUDGED : That Judgment in accordance with the Order Granting Motion for Default Judgment & Determination of Non-Dischargeability(Doc. #16), is hereby entered against Debtor/Defendant, Lashaya Marie Jackson, and in favor of Plaintiff, State of Kansas Department of Labor, finding...
JUDGMENT The issues of this proceeding having been duly considered by the Honorable Arthur B. Federman, United States Bankruptcy Judge, and a decision having been reached without a trial or hearing. IT IS ORDERED AND ADJUDGED: That Judgment is hereby entered in accordance with the Order For Judgment (Doc. No. 468), entered by the court on 12/3/2015. IT IS THEREFORE ORDERED AND DECLARED: 1. that the automatic bankruptcy stay does not apply to the United States with regard to its enforcement of...
JUDGMENT The issues of this proceeding having been duly considered by the Honorable Dennis R. Dow, United States Bankruptcy Judge, and a decision having been reached without a trial or hearing. IT IS ORDERED AND ADJUDGED: 1) The United States Trustees Motion for Disgorgement, Sanctions and for the imposition of a Civil Money Penalty is GRANTED IN PART and DENIED IN PART. 2)The Court finds that Prince Law, LLC has intentionally violated 11 U.S.C. 526(a)(3); and 3) Within fourteen (14) days...
MEMORANDUM OPINION GRANTING UNITED STATES TRUSTEE'S MOTION FOR SANCTIONS AND ORDERING SANCTIONS ON COURT'S OWN INITIATIVE CYNTHIA A. NORTON , Bankruptcy Judge . Attorney Michael McCrary appeared before the Court for a final, evidentiary hearing in response to two sanctions motions and the Court's Order to Show Cause why additional sanctions should not be imposed. Mr. McCrary's actions, admissions, and arguments did little to persuade the Court that he should escape sanctions. Rather, the...
JUDGMENT The issues of this proceeding having been duly considered by the Honorable Cynthia A. Norton, United States Bankruptcy Judge, and a decision having been reached after a trial or hearing. IT IS ORDERED AND ADJUDGED: 1.The Amended Motion of the United States Trustee in In re Pigg is GRANTED; Attorney Michael McCrary is ordered to disgorge $1,300 of his attorney fees pursuant to 11 U.S.C. 329(b), and to pay a penalty pursuant to 11 U.S.C. 707(b)(4) of $1,500, for a total of $2,800,...
