David Prelle Eron

David Prelle Eron

Attorney Profile

Top Rated Bankruptcy Attorney in Wichita, KS

Prelle Eron & Bailey, P.A.
 | 301 N Main St, Suite 2000
Wichita, KS 67202
Phone: 316-262-5500
Fax: 316-262-5559
Selected To Super Lawyers: 2013 - 2020
Selected To Rising Stars: 2012
Licensed Since: 2008
Practice Areas:
  • Bankruptcy: Business (40%),
  • Business/Corporate (20%),
  • Business Litigation (20%),
  • Creditor Debtor Rights: Business (10%),
  • Bankruptcy: Consumer (10%)
    Attorney Profile

    David's is Wichita's only certified business bankruptcy specialist (American Board of Certification).  His practice is focused on chapter 11 and 12 work, representing debtors, creditors, and other parties. David's clients include farm entities and farmers, banks, manufacturers, restaurants, real estate entities, doctors, dentists, and other medical and health care providers and entities, and much more. David also has substantial experience in business and employment litigation, asset sales, contracts, lending, and other transactional work, and consumer bankruptcies.  David founded Eron Law in 2009, a boutique firm with special emphasis on customer service.  David has been recognized as an AV rated attorney since 2011, a Super Lawyer or Rising Star since 2012, and as one of the Best Lawyers in America since 2019.  He was also honored as one of Wichita's "40 Under 40" in 2015.  

    David was honorably discharged from the United States Air Force in 1997.  He graduated from the University of Iowa College of Law in 2002, after which he practiced law in California with the firm of Klein DeNatale.  David spent three years as a trial attorney for the U.S. Trustee's Office before opening the Eron Law firm.  David is active in the American Bankruptcy Institute (past Coordinating Editor of the ABI Journal), the Wesley E. Brown Inn of Court (currently on the Executive Committee), and the Kansas Bar Association (past president of the Bankruptcy and Insolvency Section).  

    Certificates and Credentials

    About David Prelle Eron

    Admitted: 2008, Kansas

    Professional Webpage: https://www.eronlaw.net/team-members/david-prelle-eron/

    Honors/Awards:

    • Selected as one of the 40 professionals in Wichita under the age of 40 making a significant impact on the Wichita economy and community.  , "40 Under 40", Wichita Business Journal, 2015
    • Selected as one of the best lawyers in the state of Kansas in the area of Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law., Best Lawyers in America, U.S. New & World Report, 2019
    • Award for outstanding service to the community through pro bono representation of clients., Pro Bono Certificate, Kansas Bar Association, 2013
    • Peer review rating., AV Rated, Martindale Hubbell, 2011

    Special Licenses/Certifications:

    • Certified as a Business Bankruptcy specialist by the American Board of Certification, the only ABA approved agency for certifying bankruptcy specialists., 2015

    Bar/Professional Activity:

    • Member--District of Kansas Federal Bench Bar Committee, 2020
    • Wesley E. Brown Inn of Court, Barrister Rep, 2019
    • Wesley E. Brown Inn of Court, Membership Chair, 2015
    • Kansas Bar Association Insolvency Section--President, 2014
    • Wesley E. Brown Inn of Court, Barrister, 2013
    • Coordinating Editor, ABI Journal, 2012
    • At large member--D. Kan. Bankruptcy Bench Bar Committee, 2010
    • Member--Kansas Bar Association, 2008
    • Member--Wichita Bar Association, Bankruptcy Committee, 2006
    • Chair-Elect--Kern County Bar Association, Young Lawyers Section, 2004
    • Member--Central California Bankruptcy Association, 2003
    • Member--American Bankruptcy Institute, 2003
    • Member--American Bar Association, 2002

    Pro bono/Community Service:

    • Mayflower Clinic, Board of Directors, 2018
    • Committee Chair--Boy Scouts Pack 520, 2011
    • Committee Chair, St. Thomas Aquinas Welcome Committee, 2011
    • Committee Chair--Cub Scouts Pack 520, 2009
    • Stand Down for Veterans Volunteer, 2009
    • Den Leader--Cub Scouts Pack 520, 2006
    • Foster Parent, California and Kansas, 2005

    Scholarly Lectures/Writings:

    • Journal article advocating for the exclusion of 401(k) distributions from the definition of "current monthly income" under 11 U.S.C. section 101(10A)., Author, 401(k) Account Funds Should Be Considered Income at Time of Deposit, American Bankruptcy Institute Journal, Bankruptcy, 2012
    • Article analyzing the uses of the term "income" in the bankruptcy code and the various meanings applied to that term., Co-Author, Income Means Income--Except When It Doesn't, ABI Journal, Bankruptcy, 2012
    • Journal article advocating for the inclusion of social security benefits when considering monthly disposable income under 11 U.S.C. section 707(b)(3)., Author, Social Security Benefits Must Be Included in a Debtor's Ability to Repay under BAPCPA, American Bankruptcy Institute Journal, Bankruptcy, 2011
    • A Look at the New Small Business Chapter 11 Provisions given at the WBA seminar in 2020., Author/Presenter, Absolution from the Absolute Priority Rule and Other Neat Tricks for Chapter 11 Debtors, Wichita Bar Association, Bankruptcy, 2020
    • Presentation on bankruptcy crimes at the annual KBA seminar., Author/Presenter, U.S. v. Lindemuth Case Study, Kansas Bar Association, Bankruptcy, 2018
    • Ethics presentation at ABI 36th Annual Midwestern Bankruptcy Institute (September 2016)., Author/Presenter, Silence is not Golden: Disclosure Issues in Consumer Bankruptcies, ABI, Bankruptcy, 2016
    • Student loan presentation at New Bankruptcy Rules, Forms and Fees You Must Know NOW! (December 2015), Presenter, Student Loan Default: Repayment Options, Collections and Bankruptcy, NBI, Bankruptcy, 2015
    • CLE Presentation on the legal requirements for obtaining a hardship discharge of student loan debts and the statistal probabilities of success., Author/Presenter, The Elusive Prey of the Student Loan Discharge, Kansas Bar Association / Wichita Bar Association, Bankruptcy, 2014
    • CLE Presentation regarding the ethical limits of an attorney's scope of representation and compensation in bankruptcy cases., Presenter, Ensuring Ethical Conduct, NBI, Bankruptcy, 2012
    • CLE presentation concerning the necessary forms included in bankruptcy filings and basic instruction for completing those forms., Presenter, Bankruptcy Forms and Filing Process, NBI, Bankruptcy, 2012
    • CLE presentation analyzing line by line approach to completion of the means test., Presenter, A Step by Step Guide to Completing the Means Test, Topeka Chapter 13 Trustee, Bankruptcy, 2008
    • CLE presentation on effective discovery and protection of electronic evidence., Presenter, Electronic Evidence, Kern County Bar Association, Litigation, 2003
    • CLE presentation concerning methods for accurately completing the means test under BAPCPA., Presenter, Means Test, Topeka Area Bankruptcy Counsel, Bankruptcy, 2006
    • CLE presentation concerning methods for accurately completing the means test under BAPCPA., Presenter, Means Test, Wichita Bar Association, Bankruptcy Committee, Bankruptcy, 2006
    • CLE presentation concerning methods for accurately completing the means test under BAPCPA., Presenter, Means Test, Kansas City Bankruptcy Bar Association, Bankruptcy, 2007
    • CLE presentation on different approaches to legal issues concerning the means test under BAPCPA., Co-presenter, Means Test Interpretation: Views from the UST and the Debtors' Bar, Kansas Bar Association, Bankruptcy Committee, Bankruptcy, 2007
    • CLE presentation concerning civil and criminal prosecution of fraud and abuse by the United States Trustee in bankruptcy cases., Co-presenter, Abuse Motions and Criminal Prosecutions, Wichita Bar Association, Bankruptcy Committee, Bankruptcy, 2008
    • CLE presentation concerning civil and criminal prosecution of fraud and abuse by the United States Trustee in bankruptcy cases., Co-presenter, Discharge Issues and Criminal Prosecutions, Kansas City Bankruptcy Bar Association, Bankruptcy, 2009
    • CLE presentation concerning civil and criminal prosecution of fraud and abuse by the United States Trustee in bankruptcy cases., Co-presenter, Discharge Issues and Criminal Prosecution, Topeka Area Bankruptcy Counsel, Bankruptcy, 2008
    • CLE presentation analyzing line by line approach to completion of the means test., Presenter, A Step by Step Guide to Completing the Means Test, Kansas City Bankruptcy Bar Association, Bankruptcy, 2008
    • CLE presentation on developing legal trends concerning interpretation of statutes related to the means test., Presenter, Means Test Case Law Update, Topeka Area Bankruptcy Counsel, Bankruptcy, 2007
    • CLE presentation on litigating adversary proceedings and contested matters in bankruptcy cases., Co-presenter, Bankruptcy Litigation Skills, Topeka Area Bankruptcy Counsel, Bankruptcy, Litigation, 2008
    • CLE ethics presentation concerning properly completing bankruptcy schedules., Co-presenter, Ethical Issues in the Preparation of Schedules, Wichita Bar Association, Bankruptcy Committee, Bankruptcy, 2010

    Verdicts/Settlements:

    • Lashinsky v. Amphone (In re Amphone), 2020 Bankr. LEXIS 484 (D. Kan. Bankr. Feb 24, 2020)(after two day trial, judgment entered in defendant’s favor on UST’s complaint to deny discharge related to debtor’s alleged failure to keep adequate records of gambling activity.), 2020
    • Dodson v. Flying Dove, Inc., 794 Fed. Appx. 778 (10th Cir. 2019), affirming Dodson v. Flying Dove, Inc., 2019 U.S. Dist. LEXIS 72150 (D. Kan. Apr 30, 2019)(summary judgment against plaintiff employee asserting claim for discrimination where employee’s text messages to her supervisor clearly showed ample basis for her termination and her manager's comments were not direct evidence of religious discrimination as they did not reflect anti-Christian animus on their face.), 2019
    • In re Duensing, 2019 Bankr. LEXIS 598 (D. Kan. Bankr. Feb 22, 2019)(inter alia, student lender's objection to plan provision prohibiting application of payments to interest was overruled because §1222 specifically prohibited payment of interest to unsecured creditors (see Stull below))., 2019
    • In re Hall, 2015 Bankr. LEXIS 1395 (D. Kan. Bankr. Apr 22, 2015)(debtor's father ordered to turnover 2014 crop proceeds to the chapter 11 estate when debtor had terminated the applicable leases in 2013, but father had subsequently planted and harvested crops and failed to turn over any of the proceeds.), 2015
    • Bank of Commerce & Trust Co. v. Schupbach (In re Schupbach), 607 Fed. Appx. 831 (10th Cir. 2015) (appeal dismissed as moot on account of intervening chapter 11 plan confirmation that “fully satisfied” the underlying claim being litigated, where creditor had failed to object to the plan or appeal the confirmation order), 2015
    • In re Hall, 520 B.R. 116 (D. Kan. Bankr. 2014)(although Chapter 11 debtor was not allowed to employ a law firm under 11 U.S.C.S. § 328(a) to represent him in his bankruptcy case on a contingency fee basis, bankruptcy court recognized complex issues debtor's counsel would face and allowed the debtor to pay counsel $450 per hour, which was substantially more than his normal rate of $225 per hour.), 2014
    • Bank of Commerce & Trust Co. v. Schupbach (In re Schupbach), 500 B.R. 22 (D. Kan. Bankr. 2013)(after two day trial, creditor's complaint to except from discharge under 11 U.S.C.S. § 523(a)(6) its conversion claim against the debtors was rejected since debtors did not convert the creditor's property and the evidence was inadequate to establish injury from conversion of collateral or to conclude that the debtors willfully and maliciously injured the creditor.), 2013
    • In re Stull, 489 B.R. 217(D. Kan. Bankr. Mar 27, 2013)(holding that a below median income debtor may elect to pay discretionary income to a student loan ahead of other claims, but denying plan confirmation because it proposed to pay interest on the claim in violation of § 1322(b)(10).), 2013
    • Pace v. Huehl (In re Huehl), 2013 Bankr. LEXIS 2518 (D. Kan. Bankr. May 30, 2013) (after three day trial on creditor's complaint for nondischargeability under 11 U.S.C.S. § 523, judgment entered for debtor because the evidence was insufficient to conclude that the debtor made a false representation concerning the March 4, 2003 agreement, that the debtor made the representation with the intent to deceive the creditor, or that the debtor's representation caused the creditor to sustain a loss.), 2013
    • Bank of Commerce & Trust Co. v. Schupbach (In re Schupbach), 473 B.R. 423 (Bankr. D. Kan. 2012)(dismissing part of dischargeability complaint as untimely filed and holding that Fed. R. Bankr. Proc. 1019 does not extend the deadline for dischargeability complaints upon conversion from chapter 13 to chapter 11.), 2012
    • In re Long, 470 B.R. 186 (Bankr. D. Kan. 2012)(overuling trustee's objection to debtor's use of federal exemption scheme on and holding that 11 USC 522 did not pre-empt states from limiting their exemptions to residents in the context of bankruptcy.), 2012
    • Fifth Third Bank v. Brooke Holdings, Inc., 2011 U.S. Dist. LEXIS 38068 (D. Kan. Apr 07, 2011)(motion to dismiss filed by banks denied where plaintiff had asserted sufficient facts to support a claim for tortious interference with business relationships.), 2011
    • Riederer v. Logan Wildlife Corp. (In re Brooke Corp.), 443 B.R. 847 (Bankr. D. Kan. 2010)(granting defendant's motion to compel inclusion of initial transferree in a fraudulent conveyance action and holding that under 11 USC 550 the initial transferree was a necessary party.), 2010
    • In re Wood, 408 B.R. 841 (Bankr. D. Kan. 2009)(ordering all attorney fees charged by national bankruptcy/debt settlement firm to be refunded to the debtor because the services were performed by individuals not licensed to practice law in the state of Kansas.), 2009
    • Turner v. Close (In re Close), 384 B.R. 856 (D. Kan. 2008)(confirming bankruptcy court order denying US Trustee's motion to dismiss as untimely filed under 11 USC 704 and establishing the applicable deadline as running from the date first set for the meeting of creditors.), 2008
    • In re Vogeler, 393 B.R. 240 (Bankr. D. Kan. 2008)(granting US Trustee's motion to dismiss case where chapter 7 debtor won the lottery immediately after filing bankruptcy and elected to spend funds rather than repay creditors.), 2008
    • Wieland v. Thomas, 382 B.R. 793 (D. Kan. 2008)(reversing bankruptcy court's denial of US Trustee's motion to dismiss and holding that Debtor could not claim vehicle ownership expense for vehicle owned free and clear of liens.), 2008
    • In re Schoen, 2007 Bankr. LEXIS 633 (Bankr. D. Kan. Mar. 2, 2007)(ruling that 11 USC 707(b)(3) allowed the court to consider debtor's actual ability to repay creditors regardless of the fact that no presumptive abuse existed.), 2007

    Transactions:

    • Loan and LOC restructure for large construction company, 2019
    • Sale-leaseback agreement of Wendy's franchise., 2018
    • Asset purchase agreement for largest warehouse in the State of Kansas., 2016
    • Loan structuring contract for construction of Magreb Place student apartments complex., 2016
    • Asset purchase agreement for Missouri utility company, 2013

    Representative Clients:

    • Unsecured Creditors' Committee--Mobile Addiction, LLC, 2020
    • MPK Land & Livestock Company, LLC, 2019
    • Knoll's, Inc., 2019
    • Unsecured Creditors' Committee--MWM Oil Company, Inc., 2019
    • Pertl Ranch, LLC and Pertl Ranch Feeders, LLC, 2019
    • Vintage Bank, 2018
    • Cox Enterprises, Inc., 2018
    • Unsecured Creditors' Committee--Energy Guard Inc., 2018
    • Chris Carlson Hot Rods, LLC, 2017
    • Oracle America, Inc., 2016
    • Holly Ridge Development, LLC, 2014
    • Complete Landscaping Systems, Inc., 2013
    • Value Place Hotel Franchises in Louisville, Clarksville, and Columbus, 2012
    • Bank of Kansas, 2011
    • Domino's Pizza, 2011
    • L&T Machining, Inc., 2010
    • House of Hope, Inc., 2010

    Educational Background:

    • B.A. Political Science, Iowa State University, 1998
    • J.D. with distinction, University of Iowa College of Law, 2002

    Industry Groups

    • Agriculture
    • Health Care
    • Manufacturing
    • Real Estate
    • Service
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    Office Location for David Prelle Eron

    301 N Main St
    Suite 2000
    Wichita, KS 67202

    David Prelle Eron:

    Last Updated: 10/7/2020

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