The Chapter 7 debtor Robert Lane (the “Debtor” or “Lane”) appeals a bankruptcy court’s order approving a motion to sell coins filed by the Chapter 7 trustee Gary Barney (the “Trustee”) and an order striking Lane’s objection to the sale.
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Opinions
Kansas Bankruptcy Court opinions are available here for the years 2005 to present, listed by year and judge. For a more detailed search, enter a keyword or case number in the search box above.
BAP WY-14-053 In Re Lane 03/20/2015 [Karlin]
BAP WY-14-048 In Re Rael 02/27/2015 [Karlin]
Debtors Robert and Lisa Rael (the “Raels”) contend that after their case was closed and they defaulted on their confirmed individual Chapter 11 plan, their main creditor Wells Fargo Bank, N.A. (“Wells Fargo”) was required to return to the bankruptcy court to enforce its preserved lien rights rather than proceed in state court.
Memorandum Opinion and Order Denying Trustee’s Objection to Debtors’ Amended Exemption of Digital Photos and Business Website
Order Granting in Part and Denying in Part Defendant Bank of America’s Motion to Dismiss
Order Sustaining Trustee’s Objection to Exemption
Memorandum Opinion and Order Sustaining Trustee’s Objections to Confirmation of Chapter 13 Plan and Objections to Exemption
Order Denying Debtors’ Motion to Refund Postpetition Mortgage Payments
The issue we face is whether a debtor’s wages need to be both earned and received during the applicable six-month “look-back” period in order to be included as part of his “current monthly income” under 11 U.S.C. § 101(10A). Debtor Vede Jacob Miller (“Miller”) timely appealed the bankruptcy court’s order dismissing his Chapter 7 petition after the court determined that, when properly calculated, Miller’s current monthly income (“CMI”) disqualified him from proceeding under Chapter 7 of the Bankruptcy Code.
Order Granting Debtors’ Motion to Convert Case to Chapter 13 and Denying the United States Trustee’s Motion to Dismiss