Kansas Bankruptcy Law
 

United States of America v. Nana Baidoobonso-Iam

Wichita, Kansas criminal defense lawyer represented defendant charged with mail fraud and making false representations in a bankruptcy proceeding.

In January 2018, Nana Baidoobonso – Iam, 69, engaged in a scheme in which he mailed an Involuntary Petition in Bankruptcy to the U.S. Bankruptcy Court for the District of Kansas. The defendant signed the Involuntary Petition in Bankruptcy un... More...
   $0 (06-17-2022 - KS)

United States of America v. Charlie James

Kansas City, Kansas criminal defense lawyer represented defendant charged with failing to pay over payroll taxes.

Charlie James, age 43, from De Soto, Kansas was the co-owner of KC United, LLC which operated several subsidiary infrastructure and utility contractor companies. In April 2011, three of the subsidiaries filed Chapter 11 Bankruptcy in U.S. District Court in the District of Kans... More...
   $0 (03-11-2022 - KS)

United States of America v. Christopher O'Brien




Wichita, KS - Former Wichita Lawyer Sentenced For Embezzlement

A former lawyer in Wichita was sentenced today to 36 months in custody for embezzling from clients, U.S. Attorney Stephen McAllister said. He was ordered to pay restitution of more than $603,000.

Chris... More...
   $0 (10-19-2019 - KS)

KEVIN D. LOGGINS SR. v. STATE OF KANSAS

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More...    $0 (09-07-2019 - KS)

NATIONS FINANCIAL, LLC, and JOHN SIGG v. MARK SEVART and DINA MORRISON





To understand the facts in this case, one must become familiar with multiple lawsuits going on as far back as 2001. In the first case, Linda Sigg filed for divorce from her husband, John Sigg, in... More...
   $0 (03-25-2019 - KS)

FAIRFAX PORTFOLIO, L.L.C., Appellant v. CAROJOTO, L.L.C., ROSANA PRIVITERA BIONDO, ANTHONY L. PRIVITERA II, and CARL PRIVITERA




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Fairfax owned property in Wyandotte County, subject to debt evidenced by a promissory note (Note) that was secured by a mortgage on the real estate (M... More...
   $0 (03-05-2019 - KS)

JA-DEL, INC. d/b/a FIORELLA'S PRIVATE DINING AND CATERING v. LEAH MARIE WINKLER f/k/a LEAH MARIE BALTZ




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About three weeks before the wedding, Winkler signed a contract with JA-DEL, Inc., a business commonly known as Fiorella's Priva... More...
   $0 (01-15-2019 - KS)

United States of America v. Georffrey Rotich




Kansas City, KS - Former Tax Return Preparer Pleads Guilty to Tax and Bankruptcy Fraud

Geoffrey Rotich pleaded guilty to aiding and assisting in the preparation of a false income tax return and making a false bankruptcy declaration, announced Principal Deputy ... More...
   $0 (12-21-2018 - KS)

STATE OF KANSAS v. CHRISTOPHER R. WARD

Christopher R. Ward appeals his convictions of theft by deception and making false information by making four arguments on appeal: (1) The State failed to present sufficient evidence to support his crimes of conviction; (2) his constitutional right to a jury trial was infringed when the judge orally instructed the jury that it "must" find the defendant guilty if it had no reasonable doubt as to ... More...    $0 (04-23-2016 - KS)

STATE OF KANSAS v. CHRISTOPHER DAVISSON

In November 2000, Davisson pled guilty to felony murder, aggravated kidnapping, and aggravated robbery. In February 2001, the district court sentenced him to 20 years to life for felony murder, 246 months for aggravated kidnapping, and 61 months for aggravated robbery, with all sentences to run consecutively.
In May 2011, more than 10 years after Davisson entered his guilty plea, he filed a ... More...
   $0 (03-25-2016 - KS)

LTF Real Estate Co. v. Expert South Tulsa

Everyone before us accepts that all of a debtor’s legal and equitable
property interests automatically become part of the bankruptcy estate once a
bankruptcy case gets underway. The question we face in this case is what
property interest this debtor, Expert South, possessed under an Oklahoma escrow
agreement at the time it entered bankruptcy.
The question comes to us this way.... More...
   $0 (10-21-2015 - KS)

Wagner Interior Supply of Wichita, Inc. v. Dynamic Drywall, Inc

The underlying facts are undisputed and uncomplicated. In September of 2012, Wichita Hospitality Group, LLC entered into an agreement with Puetz Corporation ("Puetz") for Puetz, as general contractor, to design and construct a Holiday Inn Express & Suites Hotel ("the Hotel") in Wichita, Kansas. Puetz subcontracted a portion of the work to Dynamic Drywall, Inc. ("Dynamic"), and paid Dynamic $271,2... More...    $0 (10-04-2015 - KS)

United States of America v. Matthew Williams

Kansas City, KS - Federal Jury Finds Junction City Man Was Not War Hero He Claimed to Be

A federal jury returned a guilty verdict in the case of a Junction City man who stole his father’s identity to apply for a loan to buy a $490,000 house, U.S. Attorney Barry Grissom said.

Matthew Williams, 47, Junction City, Kan., was convicted on one count of bank fraud and one count of aggr... More...
   $0 (08-27-2015 - KS)

In re: Tung Thanh Nguyen; Pamela S. Nguyen

Chapter 7 bankruptcy trustee Carl Davis appeals from a decision by the U.S.
Bankruptcy Court for the District of Kansas (Bankruptcy Court), which was affirmed
by the U.S. Bankruptcy Appellate Panel of the Tenth Circuit (BAP). Davis sought to
avoid, as a fraudulent conveyance, debtor Tung Nguyen’s transfer to his sister of his
interest in a piece of real property. Both the Bankrup... More...
   $0 (04-13-2015 - KS)

Vehicle Market Research, Inc. v. Mitchell International, Inc.

This is a judicial estoppel case, which is controlled by two principles: our
reluctance to impose the harsh remedy of judicial estoppel, and the failure by the party
asserting judicial estoppel to bear its burden to point to clearly inconsistent statements in
support of its arguments.
The case involves statements made by plaintiff Vehicle Market Research, Inc.
(VMR) in a breach... More...
   $0 (09-17-2014 - KS)

United States of America v. Timothy P. Fitzgerald

KANSAS CITY, KS – A Johnson County man pleaded guilty in federal court Monday to taking part in a fraud scheme that cost the Bank of Blue Valley more than $877,000, U.S. Attorney Barry Grissom said.

Timothy P. Fitzgerald, 56, Leawood, Kan., pleaded guilty to one count of conspiracy to commit bank fraud. In his plea, he admitted the crime took place while he was chief financial officer o... More...
   $0 (08-04-2014 - KS)

National Credit Union Administrative Board v. Nomura Home Equity Loan, Inc.

The National Credit Union Administration (“NCUA”) placed two federally chartered corporate credit unions, U.S. Central Federal Credit Union (“U.S. Central”) and

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Western Corporate Federal Credit Union (“WesCorp”), into conservatorship. As liquidating agent, NCUA sued 11 defendants on behalf of U.S. Central, alleging federal and state securities violations.1 In a separa... More...
   $0 (08-28-2013 - KS)

Harold M. Nyanjom v. Hawker Beechcraft, Inc.

Harold M. Nyanjom filed the instant employment discrimination suit against his former employer, Hawker Beechcraft, Inc (“Hawker”). Shortly

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*This order and judgment is not binding precedent except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 an... More...
   $0 (08-13-2013 - KS)

Eric C. Rajala v. Robert H. Gardner

Plaintiff-Appellant Eric Rajala, Trustee of the bankruptcy estate of Generation Resources Holding Company, LLC (GRHC), appeals from the district court’s order granting motions to distribute (by Defendants-Appellees FreeStream Capital, LLC (FreeStream) and Lookout Windpower Holding Co., LLC (LWHC)) approximately $9 million held in escrow. This amount represents part of the purchase price of a win... More...    $0 (03-12-2013 - KS)

Mazen Eissa v. Aetna Life Insurance Company

Mazen Eissa appeals from a district court judgment in favor of Aetna Life Insurance Company in this action under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132(a)(1). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm the district court’s grant of summary judgment to Aetna on Mr. Eissa’s claim for long term disability (LTD) benefits, but we reverse the c... More...    $0 (05-08-2012 - KS)

United States of America v. Robert Andrew Blechman

January 2009, Defendant-Appellant Robert Andrew Blechman and a codefendant, Itsik (“Issac”) Yass, were tried together in the District of Kansas on charges of mail fraud, aggravated identity theft, and conspiracy to commit mail fraud and aggravated identity theft. Evidence introduced at trial showed that Yass operated a business that he used to temporarily halt home foreclosures by “attaching... More...    $0 (09-14-2011 - KS)

United States of America v. Hallie Irvin and F. Jeffrey Miller

Appellants F. Jeffrey Miller and Hallie Irvin were charged in an eleven-count indictment with a variety of crimes stemming from an alleged conspiracy to defraud mortgage lenders in connection with the subprime housing market. After a month-long jury trial, Miller and Irvin were each convicted on several of the charges and sentenced. They now appeal their convictions, citing numerous evidentiary an... More...    $0 (08-31-2011 - KS)

Lynda McClelland v. Deluxe Financial Services, Inc.

Federal Rule of Civil Procedure 15(c) provides that, for purposes of the statute of limitations, a subsequently amended complaint may “relate back” to the date of the filing of an earlier complaint in certain circumstances. Plaintiff- Appellant Lynda McClelland seeks to use Rule 15(c) to prevent the statute of limitations from barring her discrimination suit against Defendant-Appellee Deluxe F... More...    $0 (07-26-2011 - KS)

United States of America v. Donald W. Dawes

Can a taxpayer avoid income taxes by selling farm assets after declaring Chapter 12 bankruptcy? In at least this respect, the tax collector bears resemblance to the grim reaper: always hovering, never avoidable. While the law provides some forms of tax relief, it stops short of forgiving taxes incurred by a Chapter 12 debtor after filing a bankruptcy petition. And the taxes at issue here were incu... More...    $0 (06-21-2011 - KS)

United States of America v. Gary E. Krause

Can a taxpayer avoid the IRS by moving money to a “diet cookie” company and then destroying records that might show the company to be a sham? Or by transferring assets to his “children’s trusts” only to use the trusts to pay for his country club membership, buy cars, and fund his lifestyle? The answer, of course, is no. Why this is so takes a bit more explanation.

I

Gary Kr... More...
   $0 (04-01-2011 - KS)

Santa Rosa KM Associates, Ltd., P.C. v. Principal Life Insurance Company and Principal Real Estate Investors, LLC

Santa Rosa KM Associates, LTD., P.C. (Santa Rosa), challenges the validity and enforceability of the prepayment provision in a promissory note held by Principal Life Insurance Company and serviced by Principal Real Estate Investors, LLC. (collectively Principal). In its cross-appeal, Principal challenges the district court's denial of attorney fees after Principal was granted summary judgment on S... More...    $0 (05-14-2009 - KS)

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)

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