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Home
May 07, 2019
District Court Upholds Discharge of a Portion of Student Loan Debt
Finding ‘undue hardship’ held not to require discharging all student loan debt.
10th Circuit
,
Kansas
December 26, 2018
Gift Cards Can’t Be Exempt Because They’re the Same as Nonexempt Cash
Pre-bankruptcy planning was ‘creative’ but didn’t succeed in enlarging the debtor’s exemptions.
10th Circuit
,
Kansas
November 02, 2018
Equity Can’t Bar a Chapter 13 Discharge After the Debtor Makes All Plan Payments
The bankruptcy court is no longer a court of equity; here’s another example.
10th Circuit
,
Kansas
October 04, 2018
Judge Develops a Creative Remedy to Deal with Nondischargeable Student Loans
Remedies available to a bankruptcy judge are limited when granting a partial discharge of student loans.
10th Circuit
,
Kansas
August 03, 2018
Covenant Not to Compete Survives a Chapter 7 Discharge, Judge Nugent Says
Breaching a covenant not to compete does not give rise to a claim, because the primary remedy is equitable.
10th Circuit
,
Kansas
March 27, 2018
Rule 3001(c)(2)(D) Sanction Was 16 Times the Amount in Controversy
Innocent mistake turns into a $6,000 sanction for ‘willful failure to cooperate.’
10th Circuit
,
Kansas
June 13, 2017
Judgment Void for Violating Discharge Doesn’t Qualify for Rooker-Feldman Protection
Kansas judge differs with a non-precedential Tenth Circuit opinion on Rooker-Feldman.
10th Circuit
,
Kansas
February 14, 2017
Barton Arises Unexpectedly to Bar a Routine Motion to Reopen
Trend continues in broadly interpreting Barton v. Barbour.
10th Circuit
,
Kansas
June 28, 2016
Cover Sheet Is No Substitute for Filing a Complaint
Kansas judge strictly enforces rules on filing dischargeability complaints.
10th Circuit
,
Kansas
January 08, 2016
Kansas Judge Endorses Fee-Only Chapter 13 Plans
Kansas Judge Janice Karlin sympathizes with consumers who can’t afford fees up front.
10th Circuit
,
Kansas
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