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ABI Journal

Rochellel's Daily Wire

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Kansas judge differs with a non-precedential Tenth Circuit opinion on Rooker-Feldman.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