Opinions/Orders
for Judge James G. Mixon

Indexes of Researched Opinions & Orders (1984 - June 19, 2009)
for the Honorable James G. Mixon
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Date Entered Last Name Description
2-21-14 Caubble The Bankruptcy Court declined to approve a settlement between the Trustee, the Debtor, and the trustee of two trusts benefitting the Debtor because the settlement would result in a disproportionately small distribution to creditors, and also because there was a strong likelihood that the Trustee would prevail if he litigated several causes of action that would ultimately net valuable assets for the estate.
11-25-13 Ballinger The Debtor's motion to avoid the lien created by the recording of a $44,575.99 judgment was granted. The Court found the judgment did not constitute a domestic support obligation because the debt did not fit into the definition of section 101(14A)(A) or the Kline exception and it was not in the nature of support.
9-3-13 Collier The Court dismissed the Plaintiffs' complaint to except from discharge those obligations owed to them by the Debtor, who was their financial advisor; the Court ruled that the Plaintiffs did not carry their burden of proof with regard to their allegations of fraud, breach of fiduciary duty, willful and malicious injury, and securities violations.
7-16-13 Wilson First Security's motion for relief from the stay was granted pursuant to section 362(b)(2) because the Debtor failed to show any reasonable possibility of a confirmable plan.
6-12-13 Roggasch The Plaintiffs' objection to the dischargeability of the debts pursuant to 11 USC 523(a)(2) was denied because they could not prove by a preponderance all of the necessary elements regarding each allegation. However, the Debtor's discharge was denied pursuant to 11 USC 727(a)(2)(A) because the Plaintiffs proved by a preponderance that the transfer of the Debtors ownership interest in his company was made with the fraudulent intent to defraud the Plaintiffs within one year of the petition date.
5-24-13 Pipkin The Debtor was receiving social security disability benefits and had the duty to notify the SSA of any employment. The Debtor made a false representation with the knowledge of its falsity for the purpose of deceiving the SSA by not reporting his employment; the failure to report caused the overpayment which led to the Plaintiff's damage. Accordingly, the debt owed to the United States for overpayment of social security disability benefits in the sum of $49,517.70 was determined to be nondischargeable pursuant to 11 USC 523(a)(2)(A).
4-14-13 O'Neal The individual Chapter 11 plan could not be confirmed because: (1) it failed to comply 11 USC § 1123 and did not specify the name of several of the creditors and the class to which the creditor was assigned and how the creditor would be treated; (2) it failed to comply with 11 USC § 1122 because not all of the claims that were classified together were substantially similar; (3) it was is not proposed in good faith as it cannot do what it proposes to do. Finally, once the claims were properly classified, an impaired class was deemed to have rejected the plan and the plan would have to be crammed down. The Court, adopting the broad view, found that pursuant to 11 USC §§ 1129(b)(2)(B)(ii) and 1115 the absolute priority rule does not apply to an individual Chapter 11.
2-5-13 Yarnell Recording of the lease between the debtor and city provided constructive notice of debtor's pre-bankruptcy conveyance of property to the city and a repurchase option; state agency's subsequent recording of mortgage in the debtor's equitable interest in the property precluded Chapter 7 trustee from becoming a hypothetical bona fide purchaser entitled to avoid state agency's mortgage lien.
1-9-13 Ables When a Chapter 13 plan has not been confirmed and the case is then dismissed, the court held that the Chapter 13 Trustee is subject to a properly issued writ of garnishment or levy by a judgment creditor or taxing entity. Therefore, the Chapter 13 Trustee's objection to the garnishment was overruled and the Chapter 13 Trustee was ordered to turn over all the sums in his possession to the Plaintiff that were not needed for administrative expenses.
1-9-13 Price After the Debtors' case was dismissed without plan confirmation, the Court found that the Chapter 13 Trustee was subject to a properly issued writ of garnishment.
12-3-12 Roussel The Court ruled that pursuant to the dictates of § 523(a)(4) the state court judgment for damage to Clear Sky property is nondischargeable; however, the state court award for breach of fiduciary duty regarding past and future lost revenue and the award to Deere for breach of fiduciary duty is dischargeable because there is no definable res, a requirement of a statutory trust for purposes of § 523(a)(4). Pursuant to § 523(a)(6), the punitive damage award is dischargeable because the Plaintiffs did not prove the state court award was a result of both willful and malicious injury. The attorneys fees and costs are dischargeable because they were based on breach of contract.
9-7-12 Mouton The two liens in the Chapter 13 Debtor's Toyota automobile were unperfected upon the filing of the bankruptcy petition, with the first lien to attach having priority over the second lien to attach. The Debtor was not allowed to avoid either lien using the trustee avoidance powers as set out in Section 544 of the Bankruptcy Code. Neither creditor was entitled to equitable relief.
7-26-12 Chitmon The Court found that a tax lien, once assessed and properly filed, attaches to a debtor's personal property regardless of where the debtor moves to.
4-19-12 Yarnells The Court ruled that 7 U.S.C. 499(e)(c)(4) of the Perishable Agricultural Commodities Act must be strictly complied with and the creditor failed to do so. Therefore, the creditor did not qualify for PACA trust protection and the motion to abandon and for turnover was denied.
12-8-11 Caine The Court held that the defective description did not provide a bona fide purchaser with notice pursuant to 11 U.S.C..§ 544 because extrinsic evidence would have been required to identify the mortgaged land. In Arkansas, inquiry notice derives from actual facts and a purchaser is not subject to it for purposes of 11 U.S.C..§ 544 analysis. Accordingly, the debtor-in-possession was allowed to avoid the mortgage lien. The Court ruled that reformation and attorney's fees were inappropriate.
11-16-11 Garrison The Court ruled that the Bank's security interest in the Debtor's stock was unperfected because a shareholders' agreement forbid the pledge of the stock by the Debtors to the Bank, the Debtors were parties to the agreement, and the Bank knew about the restriction and failed to acquire requisite shareholder consent. Therefore, the Trustee was entitled to avoid the transfer of the security interest.
8-16-11 Kelley The Debtor's statutory exemptions in personal property were in excess of the amount allowed for in the Arkansas Constitution and were therefore disallowed. The Trustee's objection to the Debtor's homestead as being urban is overruled because the evidence was evenly balanced as between whether it was urban or rural. The Trustee is given 30 days to commence an adversary to set aside the deed of trust and then the Court will consider the objection to the claim of homestead pursuant to § 11 U.S.C. 522(g).
5-17-11 Cameron The creditor's claim was disallowed. Neither of the writings were enforceable contracts. The only enforceable agreement, the oral agreement for $250,000.00, had been paid in full. The creditor failed to meet his burden of proof that the initial agreement was for anything more than $250,000.00. Attorneys' fees were not appropriate as both parties were responsible for the writings that led to the litigation.
3-7-11 Hargrove For purposes of determining the eligibility requirements in a Chapter 13 pursuant to 11 U.S.C. 109(e), the Debtor's schedules will be sufficient unless there is a showing of bad faith.
2-8-11 Miller The creditor was prevented from enforcing their medical lien when the bankruptcy case was filed. 11 U.S.C. 108(c) tolls the time period for the enforcement action, thereby preserving the medical lien while in bankruptcy.
12-20-10 Double G Trucking The Court found that the creditor was entitled to administrative expenses for the use of two tractors during the first 59 days pursuant to 11 U.S.C. § 503(b)(1)(A), and for all three tractors from the 60th day after the filing of the petition until the date of the rejection pursuant to 11 U.S.C. § 503 and 11 U.S.C. § 365(d)(5).
7-12-10 Andrews The Court held that a debt for legal fees owed to the attorney of the debtor's former spouse were in the nature of support and, therefore, entitled to priority treatment in the Chapter 13 plan, even though attorneys are not payees expressly named in the statute that requires priority treatment for support debt.
6-16-10 Richmond The Debtor, Vic Richmond, is liable for the debts incurred by JSR & Company because of fraud. Jill Richmond is liable for the debts of JSR & Company because she guaranteed JSR & Company’s note. Vic Richmond is liable for the debts incurred by Richmond & Company because of fraud. The discharge of the Debtors, Vic Richmond and Jill Richmond, is denied pursuant to 11 U.S.C. § 727(a)(4)(A) and 11 U.S.C. § 727(a)(5). Vic Richmond’s debts to the Bank are excepted from discharge pursuant to 11 U.S.C. § 523(a)(2)(A) and 11 U.S.C. § 523(a)(6). The discharge of Vic Richmond is also denied pursuant to 11 U.S.C. § 727(a)(3).
4-20-10 Double G Trucking The Court required the Debtor-in-possession to assume or reject three commercial trucking leases. The transactions between the parties were true leases and not disguised sales despite a "TRAC" clause requiring sale of the tractors at the end of the lease term, with the Debtor-in-possession obligated to pay or be paid the difference between the residual value and the sale price. Debtor-in-possession had no option to purchase under the lease and parol evidence of such an option would not be considered.
1-22-10 Johnson The Court ruled that a discrepancy in the description of the collateral on the security agreement and certificate of title resulted from references to two different parts of the same motor home; therefore, the Court reinstated its original order, finding the order was accurate in granting the creditor relief from stay and abandonment as to the motor home as described in the security agreement.
1-11-10 Jenkins Upon objection to confirmation of a chapter 13 plan, the Court ruled that the debtor could cure her mortgage default and resume mortgage payments on her principal residence when the property had been sold in a foreclosure sale pre-bankruptcy but the trustee's deed had not been recorded before the debtor filed her bankruptcy petition.
12-21-09 Stewart The acknowledgment in question did not contain the Debtor's signature and the wrong pronoun was used. As a result, the Court found the acknowledgement did not substantially comply with the Arkansas Code and the Trustee is allowed to avoid the mortgage lien.
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.
4-9-09 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.
2-3-09 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.