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Kansas

May a Trustee Recover Proceeds from Fraudulently Transferred Property?

Courts disagree on whether a trustee may recover proceeds of a fraudulent transfer from a later transferee, not only the fraudulently transferred property itself.
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District Court Upholds Discharge of a Portion of Student Loan Debt

Finding ‘undue hardship’ held not to require discharging all student loan debt.
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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.
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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.
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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.
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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.
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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.’
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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Kansas judge differs with a non-precedential Tenth Circuit opinion on Rooker-Feldman.
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Barton Arises Unexpectedly to Bar a Routine Motion to Reopen

Trend continues in broadly interpreting Barton v. Barbour.
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Cover Sheet Is No Substitute for Filing a Complaint

Kansas judge strictly enforces rules on filing dischargeability complaints.
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