| Date Entered |
Last Name |
Description |
| 8-20-09 |
Byram |
The Court found that pursuant to 11 U.S.C. 1112(b)(4) cause existed to dismiss the case; cause included unauthorized use of cash collateral, a consistent pattern of failure to maintain insurance, failure to pay taxes, co-mingling of personal and business assets, the Debtor's continued loss of money, and filing operating reports late. |
| 6-29-09 |
Johnson |
The Court found that Arkansas law does not require an assignee's name to appear on the certificate of title to maintain perfection of an existing lien in a vehicle. Therefore, the assignee has a perfected lien in the vehicle and the motion for abandonment and relief from the automatic stay was granted. |
| 5-18-09 |
Fleischauer |
The Court found that an award of attorney's fees pursuant to 11 U.S.C. § 107(c)(1), 15 U.S.C. § 6801, 28 U.S.C. § 1927, Federal Rule of Bankruptcy Procedure 9037(a)(1), Federal Rule of Civil Procedure 5.2, 11 U.S.C. § 105(a) or General Order 24, incurred in filing a motion to restrict public access was not appropriate in either case. |
| 5-18-09 |
Gjestvang |
The Court found that an award of attorney's fees pursuant to 11 U.S.C. § 107(c)(1), 15 U.S.C. § 6801, 28 U.S.C. § 1927, Federal Rule of Bankruptcy Procedure 9037(a)(1), Federal Rule of Civil Procedure 5.2, 11 U.S.C. § 105(a) or General Order 24, incurred in filing a motion to restrict public access was not appropriate in either case. |
| 4-09-09 |
Pettingill |
The Debtor agreed to the terms of the written agreements issued by American Express by use of the credit cards, thereby forming a binding contract. Therefore, the Debtor's objections to the claims were overruled because the five year statute of limitations applicable to written obligations applied. |
| 2-27-09 |
Meyers Bakeries; Cox v. Decas Cranberry Products, Inc. |
Decas was unable to establish that the Perishable Agricultural Commodities Act found in 7 U.S.C. § 499 covered dried cranberries or that the transactions in question were made in the ordinary course of business pursuant to 11 U.S.C. § 547(c)(2) ; therefore, the three transactions were preferential transfers and Trustee was granted judgment. |
| 2-03-09 |
Interstate Packaging |
The Trustee was not able to avoid the eight pre-petition transfers made within the preference period because the Defendant proved they were made within the ordinary course of business pursuant to 11 U.S.C. 547(c)(2)(2005). |
| 1-26-09 |
Delta Transitional Home |
Upon an objection to confirmation of the debtor's chapter 11 plan, the court directed the debtor to modify the plan; objecting creditor making the 1111(b) election would be paid, over the life of the plan, the greater of the full amount of the entire claim without interest or an amount equal to the present value of the secured claim. |
| 1-13-09 |
Cooper |
In objection to discharge of joint debtors, the Court denied the discharge of husband-debtor for making false oaths related to omissions of transfers from his petition and for failing to explain loss of assets but did not deny the discharge of wife-debtor; the Court abstained from determining that objecting creditors' individual debts were nondischargeable since the issues presented could be more expeditiously resolved in a state court proceeding. |
| 10-29-08 |
Fowler |
The Court found that because the adversary proceeding was based on failure to abide by the terms of the promissory note, Arkansas Code Annoted section 16-22-308 applied. The Court found that the attorney's fees requested were reasonable pursuant to state law and that the requested costs were allowable pursuant to Federal Rule of Bankruptcy Procedure 7054(b). |
| 6-16-08 |
Hamilton |
The Court found that the debts incurred by the Debtor were excepted from discharge because they were incurred by the Debtor's willful and malicious injury to the Plaintiff's horses; furthermore, the Court denied the Debtor's discharge for making numerous misrepresentations on his bankruptcy petition. |
| 5-8-08 |
American Pan |
The Trustee was not able to avoid the two transfers made within the preference period because the Defendant proved by a preponderance that they were made within the ordinary course of business pursuant to 11 U.S.C. 547(c)(2)(2005). |
| 3-13-08 |
Colclasure |
The Chapter 13 Trustee objected because the plan no longer proposed to pay unsecured creditors 100 percent after the above median income chapter 13 debtors experienced a drop in income; the Court sustained the objection holding that the debtors were required by BAPCPA to calculate their monthly disposable income using the calculation from Form 22C. |
| 2-1-08 |
Robinson |
Court found Debtor Tommy Robinson in criminal contempt for asking permission to file lawsuits against the Trustee, Debtor's former partners, and their attorney; proposed suits were Debtor's attempt to relitigate issues already settled by the Trustee and to interfere with the Trustee's administration of the case in violation of a court order. |
| 2-1-08 |
Williams |
The attached guttering system was held to be a consumer good and not a fixture because the parties' agreement controlled; therefore, the creditor's security interest was perfected without filing pursuant to Arkansas Code Section 4-9-309(1). |
| 9-27-07 |
Meyers |
By operation of law, the interim trustee in a converted Chapter 7 case became trustee at the meeting of creditors because no other trustee was elected; therefore, under the statute of limitations, the trustee had one year after the meeting of creditors to file his preference action. |
| 8-29-07 |
Robinson |
Pursuant to Bankruptcy Rule 9011, the Court assessed monetary sanctions against the Debtors' two attorneys who sought retroactive relief from stay to pursue a cause of action already filed in state court by one of the attorneys; the Court held that the cause of action was property of the estate and had been previously settled by the Trustee, a fact known by both attorneys. Also pursuant to Bankruptcy Rule 9011, the Court assessed monetary sanctions against one of the two attorneys for allegations lacking factual support in a frivolous counterclaim and her subsequent advocacy of those allegations despite the fact that she had dismissed the counterclaim with prejudice. |
| 7-30-07 |
Wilson |
Debtors who are above the state median income, pursuant to the BAPCPA's section 707(b)(2)(A)(ii)(i), are allowed to deduct the standard vechicle ownership expense, regardless of whether the debtor is obliged to make a lease or loan payment for the vehicle. |
| 7-9-07 |
Robbins |
Due to the Debtor's diagnosed mental condition and past employment history, Debtor's possible future financial resources are inadequate to cover payment of his student loan debt while allowing for a minimal standard of living; therefore, the Court ruled that excepting the student loan debt from discharge would cause the Debtor undue hardship. |
| 6-6-07 |
Belcher |
A Chapter 13 plan may not be modified pursuant to §1329 to change the treatment of a claim from secured to unsecured; BAPCPA’s hanging paragraph found under §1325 does not change this rule. |
| 5-17-07 |
Robinson/Wildlife Farms |
Because of material omissions and false statements on schedules and statements of financial affairs, husband and wife debtors in involuntary Chapter 7 cases were denied a discharge. |
| 5-14-07 |
Breeding |
The Court denied the Chapter 13 Trustee's objection to confirmation because proceeds from the Debtors' redemption of certificates of deposit owned pre-petition did not constitute disposable income; the Court sustained the Trustee's objection to the plan proposing to pay the Debtors' mobile home creditor outside the plan. |
| 5-2-07 |
James |
A family-owned partnership held a landlord's lien in the Debtor's crops that had priority over the bank's lien created by a perfected security interest in the same crops. |
| 4-17-07 |
Robinson |
The Court found the Chapter 7 Debtor to be in criminal contempt for filing a state court action that Debtor knew to be property of the estate and previously settled by the Trustee. |
| 4-2-07 |
Ireland |
Debtors suffering loss of income after the bankruptcy filing would not be required to use "current monthly income", a pre-petition, fixed figure, to calculate their reduced plan payments proposed in the Debtors' post-confirmation modification of plan. |
| 3-8-07 |
Luton |
Confirmation would be denied to proposed Chapter 13 plan that impermissibly provided the option of completing plan payments prior to
the conclusion of the three-year "applicable commitment period". |
| 3-8-07 |
Curtis |
Upon the Trustee's objection to motions for relief from stay filed by two creditor banks, the court found there was no equity in the collateral for the Trustee to administer. Further, the creditors held valid security interests in the collateral that belonged to a farm partnership and not the debtors, and the security interests were properly perfected under state law dealing with farm equipment and crops. |
| 1-11-07 |
Tyson |
Statute does not permit the Chapter 13 Trustee to propose a modification of plan prior to initial confirmation; moreover, the Trustee may not use a motion or a response to a motion as a belated attempt to object to the Debtor's allowed homestead exemption. |
| 1-9-07 |
Dwiggins |
Oversecured creditor could be reimbursed for attorney's fees incurred for bankruptcy-related services and defense of Debtors' state court appeal because attorney's fees incurred to collect the debt were provided for in the agreement between the parties. |
| 12-15-06 |
Hurst |
The Court granted summary judgment dismissing the debtor's complaint that alleged damages for violation of the automatic stay by car creditor who filed an incorrect proof of claim. The Court characterized the complaint as frivolous in that filing a proof of claim, even incorrectly, is never a stay violation. |
| 12-7-06 |
Gatlin |
The pre-bankruptcy foreclosure sale of the Debtor's residence was invalid because the notice of default did not include the correct address of the property. |
| 11-9-06 |
Fritschen |
The Debtor's nonsupport obligations allocated by a divorce decree would be discharged because the Debtor proved he was unable to pay the debt. |
| 11-3-06 |
Bonnett |
Mortgage on the Debtor's homestead did not secure the Debtor's subsequent debt to mortgagee; the debt was unrelated to the original purchase money note secured by the mortgage, and the mortgage's subsequent advance clause did not unequivocally state that it secured all classes of subsequent advances. |
| 10-25-06 |
Harrison |
Overruling the Debtor's objection, the Court confirmed the Chapter 13 Trustee's modified plan proposing to distribute lawsuit settlement proceeds to unsecured creditors. |
| 10-25-06 |
Moore |
Chapter 13 Debtors could surrender collateral in full satisfaction of secured creditor's claim because the claim was fully secured by an automobile purchased within the 910-day period preceding the the bankruptcy filing. |
| 10-10-06 |
Morgan |
Court ordered Chapter 13 Trustee and Debtors to reimburse the estate proceeds of lawsuit settlement that were refunded to Debtors by the Trustee without authority |
| 10-3-06 |
Morgan |
Court denied Debtors' complaint for turnover; Trustee correctly distributed proceeds of lawsuit settlement to unsecured creditors pursuant to confirmed plan. |
| 8-25-06 |
Beene |
The Court sustained the Chapter 13 Trustee's objection to confirmation of plan because the unsecured creditors would receive a greater distribution in a Chapter 7 liquidation. |
| 8-11-06 |
Boyd |
The Court determined that contractor-debtor's discharge would be denied for concealing property and making false oaths or accounts on his bankruptcy petition and schedules. |
| 7-6-06 |
Lee |
The Court ruled that excepting student loan debt from discharge would cause the Debtor and her dependents undue hardship; therefore, debt was determined to be dischargeable. |
| 6-5-06 |
Scruggs |
The Court sustained the objection of "910" car creditor to confirmation of plan and gave the debtors 20 days to file a modified plan to pay the entire balance of the claim as of the petition date, plus interest at the rate of 8% per annum over the life of the plan. |
| 5-23-06 |
Cobb |
The Court dismissed the case because the Debtors failed to meet the threshold requirement that the statement of exigent circumstances discussed in 11 U.S.C. section 109(h)(3)(A) be made by a certification. |
| 4-4-06 |
May |
The Court determined that the extent of impairment on the Debtors' homestead exceeds the judicial lien. Therefore, the lien is avoidable in its entirety. |
| 3-21-06 |
Warren |
The Court overruled the Trustee's motion to dismiss and granted the Debtor's motion to enlarge time to file a credit counseling certificate because the Debtor obtained credit counseling prior to filing his voluntary petition for relief under the provisions of Chapter 13. |
| 3-10-06 |
Lybrand |
The Court sustained the objection of the IRS to confirmation of the plan and relaxed the stay to permit the IRS to set off a prepetition tax refund against the prepetition tax liability of its choice. |
| 3-10-06 |
Wallace |
The Court dismissed Debtor's voluntary Chapter 13 petition because she did not satisfy the statutory requirements of 11 U.S.C. §109(h). |
| 3-1-06 |
Torelli |
The Court denied confirmation of family farmer's Chapter 12 plan because the plan failed to pay a secured creditor the present value of the creditor's claim and because the plan was not feasible in other respects. |
| 12-19-05 |
Gosnell |
Court sustained objection to Debtors' claim of exemption
of IRA funds that were not reasonably necessary for support. |
| 12-13-05 |
Starks |
Purchaser of Debtor's home at foreclosure sale was
not bound by subsequent confirmed Chapter 13 plan treating home as
property of the estate because purchaser had no notice of its plan treatment.
The Court abstained from deciding the state law issue of whether the foreclosure sale should be set aside because of alleged
irregularities. |
| 7-07-05 |
Thomas |
Granting the Trustee's motion for turnover of the
Debtor's IRA and insurance annuity, the Court held that both accounts
were property of the estate. Further, the Debtor's estranged wife
held an inchoate right to some portion of the property that would
not become a vested interest until the property was divided by the
state court upon divorce. Therefore, since the property had not been
divided prior to the bankruptcy filing, the estranged spouse's interest
did not supersede the interests of the Debtor's other creditors. |
| 6-16-05 |
Crews |
Where Debtor was unable to obtain insurance on his
residence as required by contract for sale of residence and Seller
did not object to lack of insurance and continued to accept payments
under the contract for eight years, Seller waived the right to object
or was equitably estopped from asserting the breach and causing a
forfeiture. |
| 6-01-05 |
Kogut |
The Court overruled creditors' objection to confirmation
where the evidence did not establish that the sales tax debt at issue
was the type of obligation entitled to priority treatment in the Debtor's
Chapter 13 plan. |
| 5-11-05 |
Bailey |
Applying Missouri state law adopting
UCC 1-201(37) that defines "security interest," the Bankruptcy
Court ruled that a transaction between the Debtor-Lessee and the Lessor
was actually a disguised sale and not a lease of equipment. |
| 4-12-05 |
Parker |
School teacher could not repay student loan debt of $69,000.00 without undue hardship; therefore, the debt would be discharged. |
| 3-07-05 |
Owens |
Bank did not reasonably rely on the Debtors'
false financial statement; therefore, debt to bank was dischargeable. |
| 2-18-05 |
Keller |
The court denied Debtor's discharge for failure
to keep records sufficient to determine financial condition. |
| 1-27-05 |
Merayo |
Depending on the circumstances "dismissal
with prejudice" may mean dismissal of a case with a bar to refiling
pursuant to Section 109(g) or dismissal with a longer or permanent
bar to refiling. |
| 1-19-05 |
Whitson |
Debtors were entitled to exempt personal injury
settlement proceeds as loss of future earnings because the Trustee
failed to show which portion of the proceeds were compensation for
non-exemptible damages. |
| 1-05-05 |
Harrell |
State's claims for delinquent taxes in Chapter
13 case were not entitled to priority treatment under 11 U.S.C. Sections
507(a)(8)(A)(iii) and 523(a)(1)(B)(ii). |
| 11-16-04 |
Watson |
Under 11 U.S.C. Section 523(a)(18) and Title
IV of the Social Security Act, Debtor could not discharge debts for
child support even though scientific evidence proved the Debtor had
been erroneously adjudicated the father in two separate paternity
proceedings in state court. |
| 10-15-04 |
Smith |
Amended Order for order entered on 9-20-04. |
| 9-27-04 |
Hoffinger
Industries, Inc. |
Attorney's fees were not available to the Debtor
which prevailed in an adversary proceeding under a cause of action
sounding in tort and not in contract. |
| 9-27-04 |
Marlar |
On remand from the District Court, Bankruptcy
Court found that experienced bankruptcy practitioner's attorney's
fee rate was reasonable and that the number of hours he spent in representing
the trustee were necessary and beneficial to the estate. |
| 9-20-04 |
Smith |
Lessor was entitled to administrative expense
for rents due before the Chapter 13 Debtor rejected the lease; Debtor's
confirmed plan treating Lessor's claim for rents as general unsecured
debt did not give Lessor sufficient notice of its treatment and, thus,
principles of res judicata did not bar the administrative claim. |
| 9-14-04 |
Mancle |
Bank's mortgage was not extinguished by alleged
pay off of original indebtedness when other advances by the Bank to
the Debtors were also secured by the mortgage lien. |
| 7-22-04 |
Price |
Structured Investments v. Price 4:03-ap-1258
The Court denied plaintiff summary judgment because the underlying
contract upon which the claims were based presented the issue of
unconscionability, a mixed question of fact and law to be determined
on the merits. |
| 6-15-04 |
National
Hydro-Vac Industrial Services, L.L.C |
Creditor selling some of Debtor's equipment
to third party pre-petition was entitled to set off most of sale proceeds
against debt to creditor. However in a subsequent sale where the creditor
acted as broker of a piece of Debtor's equipment, the creditor was
a fiduciary and committed conversion in refusing to remit sale proceeds
to the Debtor. |
| 4-16-04 |
Rinehart |
In re Hoffinger IndustriesPresident of Debtor-In-Possession ordered to
turn over funds improperly reimbursed for expenses or paid to President without
authority. |
| 2-18-04 |
Grant |
Student loan held nondischargeable under "totality
of circumstances" test |
| 12-18-03 |
Jarrett |
Court dismisses complaint to determine dischargeability
of debt arising from the debtor's intentional acts of discrimination
while debtor served on county election commission. |
| 11-12-03 |
Ramey |
Chapter 13 confirmation order is res judicata
as to plan's treatment of liens except where lien creditor did not
get adequate notice of the plan treatment. |
| 9-11-03 |
Griffin-Sexton |
Attorney Diane Sexton sanctioned pursuant to
Rule 9011 for filing frivolous pleadings and a fraudulent attorney's
fee application. |
| 8-22-03 |
Riley |
"Contemporaneous Exchange" defense.
Preference payments to creditor were not insulated by "contemporaneous
exchange" defense; other possible affirmative defenses were not
pleaded. |
| 6-25-03 |
Evans |
Bank and its two employees were not sanctioned
under Rule 9011 for testimony they gave in previous bankruptcy hearings;
contrary to allegations of the Debtor, the witnesses' statements were
consistent with that given at the subsequent criminal trial of the
Debtor. |
| 5-16-03 |
Vincent |
Amount of creditor's allowed claim, which differed
from the amount to be paid under a confirmed plan, prevailed over
the plan amount because the debtor's objection to the claim was overruled
as a discovery sanction. |
| 5-06-03 |
Roberts |
Under Section 544, the Trustee avoided Bank's unperfected security interest in vehicle. |
| 4-10-03 |
Chambers |
Debtor's homestead outside city limits was urban in character. |
| 4-02-03 |
Mid-South Auto Brokers, Inc. |
Debtor's payments to Bank pre-bankruptcy did
not result in fraudulent conveyances or preferences. |
| 4-01-03 |
McDonald |
Court denies motion for summary judgment based on judicial estoppel. |
| 2-24-03 |
Cates |
Dischargeablility of Tax Debt under Section 523(b). |
| 2-18-03 |
Marlar |
Under the Eighth circuit mandate, Court disallowed claim of lien in sale proceeds by former spouse of Debtor. |
| 2-06-03 |
Sturdivant |
Property settlement debt owed to former spouse
was non dischargeable. |
| 12-04-02 |
Smith |
Case dismissed when debtor failed to meet burden
of proof under section 109(g). |
| 11-29-02 |
Crawford,ACE Sports |
Priority of conflicting security interests under the Uniform Commercial Code. |
| 10-25-02 |
Burnett |
Child support arrearage non dischargeable despite
state court's previous payment. |
| 9-25-02 |
Toombs |
Denial of summary judgment as to whether bank's
security interest attached pre petition to government payments. |
| 9-06-02 |
Anderson |
Pre petition judgment voided by section 524(a)
cannot be basis for a lien in property acquired post bankruptcy. |
| 8-23-02 |
Brown J. |
Judicial foreclosure sale is not complete prior
to Debtor's bankruptcy because the confirmation of sale is not filed. |
| 8-20-02 |
Bibbs |
A hot check prosecution is not subject to the
automatic stay; Debtor's remedy is an injunction. |
| 6-06-02 |
Zenone |
Amendment to exemptions prohibited. |
| 5-20-02 |
Morris |
One of seven student loans held dischargeable
because of undue hardship. |
| 5-17-02 |
White Rock, Inc. |
Denial of administrative expense to creditor
whose expenditures neither preserved estate nor arose from debtor's. |
| 5-16-02 |
Herndon |
Debt ruled non dischargeable for defalcation
by fiduciary. |
| 2-28-02 |
Hoffinger |
Automatic stay annulled retroactively to validate
previously filed notice of appeal in a state court action. |
| 2-14-02 |
Tainter |
Debt arising out of sale of business held dischargeable;
fraud not present under 5239(a)(2)(A). |
| 1-22-02 |
Masters |
Filing mistake by Clerk's office did not result
in loss of perfection by secured creditor. |
| 1-02-02 |
Ault |
Debtor could discharge debts in chapter 13
despite denial of discharge in prior chapter 7 case. |
| 12-02-01 |
Ruiz |
One of two student loans held dischargeable
because of undue hardship. |
| 11-16-01 |
Morris |
Debtor's dischargeability against state was
barred by eleventh amendment. |
| 9-20-01 |
Harris, Jr. |
Farmer's debts non dischargeable under 523(a)(2)(A). |
| 7-20-01 |
Brown L. |
Pre-petition assignment of lease by Debtor
was not fraudulent conveyance. |
| 7-05-01 |
Whisenant |
Expense not in contempt for enforcing reaffirmation
agreement. |
| 6-15-01 |
Price |
Debt arising from gunshot wound was not willful
and malicious injury under 523(a)(6). |
| 5-24-01 |
National Hydro-Vac |
Relief from stay to terminate bank card agreement
denied under 365. |
| 4-19-01 |
Johnson |
Debtor does not have absolute right to convert
to Chapter 13 under 706 (a). |
| 3-27-01 |
Black |
Wholly unsecured second mortgage not entitled
to anti-modification protection under 1322(b)(2). |
| 3-09-01 |
Busby,Jr. |
Creditor's security interest in Debtor tools
was impaired exemption under 522 (f)(2)(A). |
| 12-07-00 |
Jackson |
Banks' lien on truck avoided by Trustee. |
