| Kansas Bankruptcy Law |
| |
|
Wichita Clinic, P.A. v. Michelle M. Louis, D.O.
|
|
Wichita Clinic, P.A., (the Clinic) appeals from a judgment of the trial court holding that its restrictive covenant in an employment agreement was unreasonable and unenforceable. Applying the factors in determining whether to enforce a restrictive covenant not to compete, we determine that the covenant should have been enforced. In addition, the Clinic appeals the trial court's ruling that it brea... More... $0 (06-16-2008 - KS)
|
|
Jack Deboer v. American Appraisal Associates, Inc.
|
|
Defendant American Appraisal Associates, Inc. prepared a fair market
value-continued use (FMV-CU) appraisal for Brackett, Inc., a Kansas company.
After the appraisal was completed, plaintiff Jack DeBoer guaranteed a loan for
Brackett. Slightly over one year later, Brackett declared bankruptcy.
Subsequently, Mr. DeBoer brought a diversity action against American Appraisal
asserting that... More... $0 (06-07-2008 - KS)
|
|
Douglas Buchanan v. Jerry W. Overley, et al.
|
|
This appeal raises issues regarding the validity of a mechanic's lien for services performed in the construction of a residence. The homeowners challenge the lien on the grounds that the form of the lien statement does not comply with the requirements of K.S.A. 60-1102(a) and it was not timely filed. Since resolution of this appeal turns on the adequacy of the mechanic's lien statement itself, we ... More... $0 (03-14-2008 - KS)
|
|
Roger Klein v. Oppenheimer & Co., Inc.
|
|
The principal issue in this case is the liability of a clearing broker for the sale of unregistered securities under the Kansas Securities Act. It is an issue of first impression.
Roger Klein had a brokerage account with L.T. Lawrence. L.T. Lawrence, functioning as an originating or introducing broker, sold unregistered securities through Oppenheimer & Co., Inc. (Oppenheimer), a clearing ... More... $0 (04-10-2006 - KS)
|
|
Park University Enterprises, Inc. v. American Casualty Company of Reading, Pennsylvania
|
|
Park University Enterprises, Inc. (Park University) was sued in a state court class action by JC Hauling Company (JC Hauling) for alleged violations of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, a federal statute that bans unsolicited fax advertisements. Park Universitys insurer, American Casualty Company of Reading, Pa. (American), declined to provide any defense or covera... More... $0 (03-30-2006 - KS)
|
|
Cheryl Ann Poland v. Educational Credit Management Corporation and Equifax Accounts Receivable; and TGA, Inc.
|
|
Generally speaking, a Chapter 13 bankruptcy debtor is relieved of her debts following completion of the bankruptcy plan; in other words, the debts are discharged. 11 U.S.C. § 1328(a). There are, however, exceptions to discharge, including a student-loan debt. Id. §§ 1328(a)(2); 523(a)(8). But there is also an exception to this exception: if excepting a student loan debt from discharge would imp... More... $0 (09-07-2004 - KS)
|
|
The Estate of Dr. Alfred Novak; David Novak v. The Honorable John T. Flannagan
|
|
The court has consolidated these appeals on its own motion.(1) See Fed. R. App. P. 3(b)(2). In case No. 03-3065, David Novak (whom we shall call "Mr. Novak" to distinguish him from his father, Dr. Alfred Novak), acting as "authorized agent" for the Estate of Alfred Novak, appeals from the district court's order affirming a decision of the bankruptcy court granting the trustee's motion to sell a... More... $0 (02-20-2004 - KS)
|
|
State of Kansas v. Gary Lynn Baxter
|
|
Pursuant to a plea agreement, Gary Lynn Dexter pled guilty to one count of impairing a security interest; six additional counts of impairing a security interest were dismissed. As a condition of probation the district court imposed restitution based on all seven counts.
On direct appeal, the Court of Appeals affirmed, holding that: (1) the discharge in bankruptcy of the debts which gave ... More... $0 (12-19-2003 - KS)
|
|
In re: Donald R. Lampe and Sheila Lampe
|
|
Debtors Donald and Shelia Lampe are husband and wife farmers who filed for Chapter 7 bankruptcy. The Lampes each claimed as exempt from the bankruptcy estate $7500 worth of farm equipment as "tools of the trade" under the applicable Kansas exemption statute. The Trustee objected to Shelia Lampe's claim, arguing she did not have a sufficient ownership interest in the farm equipment to claim the ... More... $0 (06-04-2003 - KS)
|
|
J. Michael Morris, Trustee, v. The CIT Group/Equipment Financing, Inc.
|
|
On or about June 26, 1997, the debtor, Robert F. Charles, entered into a "Master Lease Agreement" with CIT that, on its face, gave the debtor leasehold interests in four trucks. CIT is named as the owner of the trucks on the certificates of title issued by the State of Kansas, and the certificates were duly filed with the appropriate state agency.
In August 2000, the debtor filed bankr... More... $0 (03-20-2003 - KS)
|
|
J. Michael Morris, Trustee, v. The CIT Group/Equipment Financing, Inc.
|
|
On or about June 26, 1997, the debtor, Robert F. Charles, entered into a "Master Lease Agreement" with CIT that, on its face, gave the debtor leasehold interests in four trucks. CIT is named as the owner of the trucks on the certificates of title issued by the State of Kansas, and the certificates were duly filed with the appropriate state agency.
In August 2000, the debtor filed bankr... More... $0 (03-20-2003 - KS)
|
|
In the Matter of Victor S. Nelson
|
|
Formal complaints were filed against Nelson, and the matter proceeded to hearing. A formal hearing was held before a panel of the Kansas Board for Discipline of Attorneys. The panel established the following facts by clear and convincing evidence:
Complaint of Charolyn Blount (DA7821)
Nelson was retained to transfer the title of a residence following the intestate death of Charoly... More... $0 (03-07-2003 - KS)
|
|
Simmons Foods, Inc., v. Capital City Bank
|
|
Simmons Foods, Inc. appeals from an adverse summary judgment in its diversity action against Capital City Bank following, and arising out of, bankruptcy proceedings involving their mutual debtor, Teets Foods Company, Inc.
In its suit, Simmons claims that Capital City, a senior secured creditor of Teets, became liable to Simmons for various alleged acts and omissions while Teets' assets were b... More... $0 (02-20-2003 - KS)
|
|
Jill Skillett v. Ruben Sierra
|
|
This is a domestic action which is complicated procedurally and contains issues appealed by both parties.
Ruben Sierra and Jill Skillett resided together and were the natural parents of B.S. Skillett had two other daughters from a previous marriage, J.S. and L.S.
In September 2000, Skillett filed a petition under the Protection From Abuse (PFA) Act, K.S.A. 60-3101 et seq., against Si... More... $0 (09-13-2002 - KS)
|
|
McCain Foods USA, Inc., v. Central Processors, Inc., et al.
|
|
McCain brought an action seeking payment for its contract with Allen Quality Foods, Inc., (Allen Foods). In April 1998, Allen Foods obtained a United States Department of Agriculture (USDA) contract to deliver cases of potato wedges to various locations between July 1 and July 31, 1998. McCain contracted with Allen Foods to process and deliver cases of potato wedges under the USDA contract less a ... More... $144495 (12-20-2002 - KS)
|
|
Faruk Ahammed, et al. v. Securities Investor Protection Corporation, et al.
|
|
Appellants, thirteen individual claimants in the liquidation proceeding of a failed broker-dealer (collectively, "Claimants"), seek protection under the Securities Investor Protection Act (SIPA) and payment of their claims from the insurance fund established by the Securities Investor Protection Corporation (SIPC).
I.
The debtor, Primeline Securities Corporation ("Primeline"), was a ... More... $0 (07-05-2002 - KS)
|
|
Brenner v. Oppenheimer & Co.
|
|
Appellants Roger Klein and Daniel Brenner opened brokerage accounts with L.T. Lawrence, a company based in New York now in bankruptcy. Klein managed both accounts. Oppenheimer & Co., Inc. (Oppenheimer), a clearing brokerage, cleared trades for L.T. Lawrence, which had no authority to clear trades itself. L.T. Lawrence sold unregistered securities through Oppenheimer to Klein and Brenner, and Klein... More... $0 (04-19-2002 - KS)
|
|
KPERS v. Kutak Rock
|
|
The Kansas Public Employees Retirement System (KPERS) sought damages from the law firm of Kutak Rock for losses from investments in Sharoff Food Service, Inc. The district court granted summary judgment in favor of Kutak Rock. KPERS appeals. The case was transferred from the Court of Appeals on KPERS's motion. K.S.A. 20-3017.
The ... More... $0 (04-19-2002 - KS)
|
|
Gillespie v. Seymour
|
|
This is a post-settlement controversy, initially between two sibling plaintiffs, Warren Brown Gillespie (Warren) and Polly G. Townsend (Polly). With the death of the sibling plaintiffs in 1998, the controversy has become a battle between Warren's estate (Warren) administered by his son James Gillespie, executor, and the Polly G. Townsend Revocable Trust (Polly). Warren and Polly disagree on who is... More... $480521000 (02-01-2002 - KS)
|
|
James Spaulding, et al. v. United Transportation Union, et al.
|
|
This appeal stems from the 1996 merger of the Union Pacific Railroad Company ("Union Pacific") with the Southern Pacific Rail Corporation and its subsidiaries (collectively "Southern Pacific"). Acting on behalf of themselves and all others similarly situated, James Spaulding ("Spaulding"), Lyn Swonger ("Swonger"), Donald Inman and William Nance have brought suit against their union, the United Tra... More... $0 (02-06-2002 - KS)
|
|
In re Estate of Snook
|
|
In this probate proceeding, Dan Turner and Phillip Turner appeal the district court's refusal to allow their claims for attorney fees for $11,730 against the estate of Maynard Snook. According to the Turners, this amount represents the attorney fees associated with work the Turners performed in a foreclosure lawsuit against Snook initiated by Farmers State Bank (Farmers Bank) of Bucklin and in a b... More... $5000 (01-25-2002 - KS)
|
