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Judge Brian S. Kruse

Mark B. Holtzen, Ch. 13, BK25-40270-BSK (Aug. 12, 2025)

After a trial, the bankruptcy court dismissed the debtor’s Chapter 13 case, finding that the debtor does not have “sufficiently stable and regular” income with which to make plan payments. The debtor’s monthly income is negative, and his largest monthly expense is his alimony and child support obligations. He is unable to fund his plan without financial contributions from his family, but there was no evidence that these gratuitous payments are stable or regular, as required by the Bankruptcy Code.

Colton & Stephanie Osborn, Ch. 12, BK24-40202-BSK (June 27, 2025)

The bankruptcy court approved a settlement between the debtors and their lender to resolve the lender’s objection to the debtors’ Chapter 12 plan. It also settles the lender’s motion for relief from stay in which it seeks to recover and foreclose its liens against collateral still owned by the debtors. Under the settlement, the parties stipulated the total amount owed to the bank, which includes unpaid principal, accrued interest, and attorneys’ fees and costs.

Great Am. Risk Solutions Surplus Lines Ins. Co. v. Wilcox Prop. of Columbia, LLC (In re Dimensions in Senior Living, LLC), Ch. 11, BK22-80860-BSK, A24-8007-BSK (Mar. 28, 2025)

The debtor in this case formerly owned an assisted living facility in Missouri. The State closed the facility due to structural issues, and the building sustained damage on a number of occasions while vacant. The debtor subsequently was authorized by the bankruptcy court to sell the property. The building’s insurer filed this adversary proceeding seeking to interplead the amount of the insurance proceeds for the initial damage claim.

HEA Corp. v. Dannie L. Bennett, Jr., & Maria J. Bennett (In re Bennett), Ch. 13, BK23-80623, A23-8025-BSK (Oct. 1, 2024)

After a trial, the bankruptcy court entered judgment against the debtor for knowingly making multiple false representations of material fact on which the plaintiffs relied, and the court excepted the judgment from discharge under §523(a)(2)(B) because the debtor made the representations with an intent to deceive.

Great Am. Ins. Co. v. Wilcox Prop. of Columbia, LLC (In re Dimensions in Senior Living, LLC), Ch. 11, BK22-80865-BSK, A24-8007-BSK (Aug. 7, 2024)

The court denied without prejudice a motion to compel production of documents, finding that the documents requested were covered by the attorney-client and work product privileges. This lawsuit is a contract dispute about insurance coverage. The defendant wants to see emails sent between non-attorney employees of the plaintiff concerning coverage for the loss at issue, but those emails are privileged because they discuss the advice and opinions of legal counsel.

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