Brian S. Kruse
How Judge Kruse rules, drawn from 20 signed orders. Every observation links to the order it came from.
How Judge Kruse decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A confirmed Chapter 11 plan replaces pre-confirmation loan rights, so enforcement must rest on a valid post-confirmation default.
“The confirmed plan modified the debtor’s obligation to the bank, including the ‘terms of repayment’.”
Procedural preferences
When a complaint groups multiple debtors together, knowledge and intent must be pleaded separately for each debtor.
“Dischargeability is determined debtor by debtor.”
Cautions
Counsel seeking payment protection should accurately disclose fee timing and source; post-petition payments may be subject to disgorgement.
“James Bachman must disgorge the $7,500 cash-retainer payment, the $7,500 from check 5226, and the $15,500 the debtor paid post-petition, for a total of $30,500 to Lauren Goodman, Chapter 7 trustee.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Chapter 7 trustee is authorized, acting as the sole member of the LLCs, to dissolve Joysprings Properties LLC and Diamond Z Farms LLC, and to sell their assets under Nebraska law as part of the winding up.”
“Alden and Lisa Zuhlke, Christian Zuhlke, Joysprings Properties, LLC, and Diamond Z Farms LLC are ordered to turn all vehicles over to the trustee.”
“The trustee may seek to sell them but must file a new motion under 11 U.S.C. § 363.”
The court identified confirmation defects and permitted a timely modification rather than entering a final confirmation ruling.
“The debtors’ motion to dismiss is granted with leave to amend.”
“The plaintiff’s motion is denied to the extent it seeks to reverse any findings of fact or conclusions of law.”
“$191,000 of the debt owed by the debtor and defendant Cleo G. Spencer to the plaintiff NebraskaLand Bank is excepted from discharge under 11 U.S.C. § 523(a)(2)(B).”
“The objection to discharge is denied for the reasons stated on the record after the hearing.”
“The objection to dischargeability is granted in part. Of the total debt owed by the defendant, $9,629 is excepted from discharge.”
“The motion to reopen is granted.”
“To the extent necessary, relief from stay is granted for the foregoing, with waiver of the stay under Fed. R. Bankr. P. 4001(a)(4).”
“The trustee is awarded $1,170.47 charged by the security company, $128 charged by the garage door company, and attorney’s fees of $22,764.50.”
“For the above reasons, the defendants’ motion for summary judgment is denied.”
“The trustee’s motion to sell (Doc. #438) is approved.”
“The trustee’s motion to surcharge (Doc. #489) is approved in part.”
“IT IS THEREFORE ORDERED, the debtors’ motion is denied.”
“Corbion’s motion for relief from the automatic stay (Doc. #61) is granted.”
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