Opinions/Orders for
Chief Judge Richard D. Taylor

Search Judge Taylor's Opinions

Date Entered Last Name Description
9-22-14 Rogers When a case is dismissed without a confirmed plan, the standing chapter 13 trustee may remit funds on hand to the debtor and insist that attorneys comply with section 503(b) before deducting any outstanding fees.
9-11-13 Young Attorney suspended for Rule 9011 violations and making misrepresentations to the court.
6-10-13 Young Coercive application for contempt to collect a prepetition judgment constitutes a willful violation of the stay. Further, the debtor did not propose a plan consistent with the Code's treatment of domestic support obligations.
1-24-13 Patterson Successful state court action did not satisfactorily translate, on the basis of collateral estoppel, to a denial of discharge or determination of dischargeability. The elements of each discharge-related cause of action were not proven. The underlying judgment related to misappropriation of assets and did not mirror the required elements.
11-06-12 White Debtors may not involuntarily include a post-petition section 1305 creditor by filing a proof of claim on its behalf. Further, the res judicata effect espoused in Espinosa must be viewed in the context of the plan, confirmation order, and relevant code provisions.
10-10-12 Johnson A confirmation order is not necessarily res judicata as to post-petition and post-confirmation debt. Also, inconsistent arguments may be sufficient bad faith to deny confirmation of a plan.
6-06-12 Cox v. Swiss-American, Inc., et al (In re Affiliated Foods Southwest) Court awards prevailing party attorney's fees and costs pursuant to Federal Rule of Bankruptcy Procedure 9011(c)(1)(A).
5-26-11 Bacon Trustee's objection to confirmation of proposed modification sustained.
4-29-11 White Court adopts Sanderfoot precedent with regard to lien avoidance under § 522(f)(1)(A).
4-05-11 Harris Court overrules debtor's objection to claim.
12-14-10 Selz Court analyzes the standards for awarding administrative expenses and interpreting the terms of an agreed order.
9-02-10 Bateman The debtor's objection to claim based upon breach of contract is sustained in part. The debtor's claims for violation of the automatic stay, turnover, and Arkansas Deceptive Trade Practices Act are denied.
6-08-10 Richmond Court denies debtor's discharge based on transfer of assets with intent to hinder, delay, and defraud creditors and false schedules.
6-03-10 Hartsfield The doctrine of collateral estoppel precludes the court from hearing issues previously decided by a state court and results in the nondischargeability of a debt pursuant to 11 U.S.C. § 523(a)(4).
11-10-09 Spurlock Pursuant to Federal Rule of Civil Procedure 12(b)(6), made applicable to the proceeding by Federal Rule of Bankruptcy Procedure 7012, the court grants the defendant's motion to dismiss the debtor's claims for turnover and violation of the automatic stay based on the defendant's post-petition retention of funds garnished pre-petition.
11-04-09 Granderson Court adopts Judge James G. Mixon’s ruling in In re Johnson, 407 B.R. 364 (Bankr. E.D. Ark. 2009), holding that an assignee does not have to take further action to be a properly perfected lienholder.
10-22-09 Zielinski Civil contempt is not the appropriate remedy for enforcement of a monetary judgment.
1-14-09 Booth First lien residential mortgage holder's objection to confirmation of Chapter 13 plan is sustained in part, denied in part. Disputed provisions concern the application of payments, deeming arrearages current, court approval of attorney's fees, and compliance with § 524(i).
12-22-08 Weston Pursuant to Federal Rule of Bankruptcy Procedure 7055, the debtor's Motion for Entry of Default and Motion for Default Judgment is granted based on the debtor's compliance with Federal Rule of Bankruptcy Procedure 7004(b)(3) and the defendant's failure to respond to the Complaint to Determine Dischargeability of Student Loan Debt.
10-16-08 Iberg Court discharges debt on the basis that a separate debtor's actions in constructing a home did not cause a willful and malicious injury to another under 11 U.S.C. § 523(a)(6).
8-11-08 Ealy Court denies postconfirmation right of setoff absent sufficient grounds to lift stay.
4-10-08 Egbert Above-median-income debtors may use Local Standards as allowances for expense deduction purposes when they have an actual expense, even if less than the allowance.
3-25-08 NWFX Court refuses to set aside Settlement Order on the basis of fraud on the court. Interested party has had its remedy.
1-30-08 Norris Trustee's cause of action denied for failure to prove all elements of a constructively fraudulent transfer under 11 U.S.C. s 548.
9-14-07 Lasowski The Court overruled trustee's objection to confirmation of chapter 13 plan, finding that, when calculating disposable income, the code does not provide for the proration of 401(k) loan repayments when such loans will be paid off prior to the completion of a debtor's plan.
6-11-07 Matthews Court granted partial summary judgment because collateral estoppel doctrine precluded the Court from hearing complaint for false representations and willful and malicious injury as to certain debts.
5-16-07 Frederickson Applicable commitment period under section 1325(b)(4) does not apply to above median family income debtor who has no projected disposable income under section 1325(b)(3), as determined by section 707(b)(2).
3-15-07 Dedmon Chapter 13 trustee removed for cause.
2-26-07 Roberts The court sustained the trustee's objection to the debtor's claim that inherited annuities were exempt under s. 522(d)(10)(E). The annuities did not replace an income stream upon which the debtor relied prior to his grandmother's death; therefore, the payments were not "on account of" the death of the grandmother
1-19-07 Donckers A mortgage follows the originally collateralized debt until that debt is satisfied. In the absence of an express understanding of the parties through a future advance, all indebtedness, or cross collateralization clause, the original mortgage does not extend to other or additional indebtedness.
1-16-07 Laymon Chapter 13 debtors may not discharge post-petition debts by amending their schedules to include a post-petition creditor who has not filed and will not file a proof of claim under s. 1305.
11-06-06 Evinger Court sustained the trustee's objection to the debtors' amended exemptions and granted the trustee's motion for turnover of exempted property where debtors omitted assets from their schedules, violated their oath at the first meeting, and testified to owning unscheduled property.
5-01-06 Donckers Court determined that corporate officer/debtor was personally liable for insufficient funds checks written on the company account, and that the resulting debt was non-dischargeable in the debtor’s personal bankruptcy case under § 523(a)(2)(A).
4-25-06 Willis The court found that breach of contract damages were excepted from discharge even though the total damages exceeded the “money obtained” from the creditor. Once the court found that specific money had been obtained by false pretense, false representation, or actual fraud under 11 U.S.C. § 523(a)(2)(A), any debt arising therefrom is excepted from discharge.
4-03-06 Ballew Principles of collateral estoppel require the granting of the plaintiffs’ motion for partial summary judgment. If the debtor knew he did not have a sufficient basis to make a representation, but made the representation anyway, the representation was made with a reckless disregard for the truth, which satisfies the knowledge requirement under 11 U.S.C. § 523(a)(2)(A).
3-28-06 Chaney Debtor’s discharge denied because schedules were incomplete, false, and misleading.
3-13-06 Morris Court found that debtor established a head of household homestead exemption prior to filing bankruptcy petition. Once established, the exemption continued until extinguished, abandoned, or waived. Trustee’s objection to exemption overruled.
2-13-06 Petty The court found that under 11 U.S.C. § 1325(b)(2), a charitable contribution to a qualified religious or charitable entity or organization, as those terms are defined by 11 U.S.C. § 548(d)(3) and (4), that does not exceed 15 percent of the debtor’s gross income for the year in which the contributions are made are reasonable without further inquiry of the court. The court was not asked to rule on whether the debtor’s plan was filed in good faith.
2-10-06 Peterson Debtor did not provide tax returns to trustee prior to meeting of creditors. Absent proof of circumstances beyond the control of the debtor, Court must dismiss the case under s. 521(e)(2).
1-26-06 Doss Trustee’s motion to dismiss for failure to provide trustee copies of tax returns under § 521(e)(2) granted. Debtor failed to show that failure to provide the returns was due to circumstances “beyond the control of the debtor.” Not selected for publication.
11-30-05 Davis Court denied debtor's motion to extend the exigent circumstances exemption because the predicate certification of exigent circumstances was not in proper form. Certification requires (1) a description of exigent circumstances the merit a waiver of the credit counseling requirement, (2) a statement that the debtor was unable to obtain credit counseling within 5 days prior to filing the petition, and (3) that the certification is satisfactory to the court. Not selected for publication.
11-23-05 Flippin Although a dower interest is property of the estate, the debtor is incapable of taking any action to effectuate the turnover of her dower interest to the trustee. Accordingly, trustee’s motion for turnover is denied because he cannot use, sell, or lease the dower interest under 11 U.S.C. § 363 as required by § 542(a).
9-13-05 Bryant Collateral estoppel doctrine precludes court from hearing complaint for willful and malicious injury because same issue was determined by state court.
8-18-05 Graycarr Court does not have subject matter jurisdiction over chapter 7 trustee's claim for damages against the IRS because trustee failed to exhaust her administrative remedies within the Internal Revenue Service.
7-12-05 Hoffinger Court recharacterized and equitably subordinated creditor claims in debtor's chapter 11 proceeding after finding that creditor and debtor attempted to treat as secured debt a financing transaction designed to pay shareholders interest on their accumulated equity while also judgment-proofing the debtor.
5-27-05 Blair Default judgment obtained in state court was not sufficient for summary judgment based on collateral estoppel or res judicata when three counts were alleged in state court complaint but order for default did not specify whether fraud was “essential to the judgment.” Summary judgment granted based on uncontroverted statement of undisputed facts.
5-12-05 Manus Objection to chapter 13 plan language that imposes affirmative duty on creditor to disclose post-petition fees sustained.
4-06-05 Hoffinger Denial of motion to reconsider order dated March 4, 2005.
4-05-05 Warnock Debtor is entitled to Arkansas homestead exemption because she is head of household, occupies the property as her home, and is a resident of Arkansas.
3-15-05 Brinkley In the absence of bad faith, property that came into chapter 13 estate only as a result of § 1306(a), is not property of the estate upon subsequent conversion to chapter 7 case.
3-04-05 Hoffinger Allegations of fraud on the court and the possibility of equitable subordination are questions of fact sufficient to deny the defendant’s motion for summary judgment. The Court also found that the doctrine of res judicata was not applicable given the nature of a cash collateral hearing.
2-24-05 Hoffinger Confirmation of chapter 11 plan denied for failure to comply with 11 U.S.C. § 1129 in that the plan failed the best interests of creditors test, discriminated unfairly among classes, violated the absolute priority rule, and included an ambiguous and inappropriate release.
10-18-04 Alanis/Neveu/Smith Because a creditor can include certain post-petition fees and charges in its proof of claim, debtor's plan requiring court approval before the creditor includes those charges could not be confirmed.
10-13-04 Anderson "Surrender" as used in 11 USC s 1325(a)(5)(C) means the relinquishment of any rights the debtor has in the collateral, not merely physical delivery of the collateral.
9-09-04 Southern
Healthcare
When an earlier federal court case is dismissed on FRCP 12(b)(6) grounds, the doctrine of res judicata may allow summary judgment in bankruptcy. However, in this case, the principal of collateral estoppel cannot be applied.
8-27-04 Charger Order accepting United States Trustee’s letter report regarding examination of a portion of panel trustee’s fee applications, and discussing approval of applications by United States Trustee’s office in general.
8-27-04 Hoffinger This opinion is based on the debtor’s complaint to avoid judgment liens as preferential transfers and the creditor’s allegation of the debtor’s solvency as an affirmative defense. After finding that the debtor was a going concern, the Court analyzed the balance sheet of the debtor on the date of the transfers and determined the debtor was insolvent on the date of the transfers. Accordingly, the Court found that the registration of the creditor’s judgment that created liens on the debtor’s property were preferential transfers, and avoided the liens.
8-23-04 Searcy Granting a motion to reinstate, which is actually a motion to set aside an order of dismissal under Rule 9024, does not retroactively reinstate automatic stay during period of time case was dismissed.
6-17-04 Rigg Bank’s alleged reliance on fraudulent financial statement not reasonable for purposes of § 523(a)(2)(B) when all loans were in default prior to debtors’ submission of the financial statement to the bank and only one loan was renewed after the bank received the financial statement. Bank found to have reasonably relied on financial statement for the renewal of one loan because former bank president assisted debtors in filling out the financial statement, and debtors did not rebut the bank’s reliance.
6-07-04 Whitcomb-Forrest To be a "debtor engaged in business" as that term is defined under 11 USC s 1304(a) requires that the debtor be self-employed AND incur trade credit. If both prongs are not met, the debtor is not required to file operating reports as required under s 1304(c).
6-03-04 Grammer If a creditor receives notice of a plan sufficient to satisfy the requirements of due process, with a sufficient description of the debtor's treatment of the creditor's lien under the plan, the principles of res judicata will control and the plan will be binding on all parties regardless of an unobjected to proof of claim.
1-14-04 Hoffinger For purposes of claims estimation, unknown class of persons who may sustain injuries in the future not appropriate class.
11-26-03 Grubbs Court can abstain from non-core related to case when all asserted actions are based on state law.
10-29-03 Portwood Divorce decree ordering "lump sum alimony" to be paid in monthly installments, and distinguished from rehabilitative and permanent periodic alimony, found to be nondischargeable alimony under section 523(a)(5).
10-29-03 Bradley Law of the case is a discretionary doctrine, the primary purpose of which is to prevent relitigation of settled issues in a case. Value of the non-exempt portion of indivisible homestead property that exceeds area allowed by Arkansas Constitution to be determined based on value of the land in its unimproved state and then determining value per square foot of the non-exempt portion.
10-06-03 Southern HealthCare The Court found that the trustee could avoid a series of monthly payments made by the debtor to a charitable remainder trust and its immediate or mediate transferee on the basis of constructive fraud pursuant to 11 U.S.C. § 548 and Ark. Code Ann. § 4-59-204(a).
8-01-03 Dorn Late filed objection to confirmation of plan not timely, even though it was filed prior to confirmation. General Order Number 20 establishes 10 days after the conclusion of first meeting of creditors to file objections.
7-29-03 Cearley The debtor's objection to the unsecured claim of the bank is overruled. The bank's purchase of the property at the foreclosure sale did not benefit the debtor anymore than if a third party had purchased the property. consequently, the debtor does not receive any further relief from debt when the bank later sells the property to a third party for a greater amount.
7-29-03 Hunter The trustee's and creditor's objections to debtor's claim of exemptions were sustained because debtor did not impress homestead character or maintain actual occupancy on the remaining homestead property sufficient to allow debtor to claim a right to homestead exemption.
7-23-03 Buerman Motion to add joint debtor by amending his voluntary petition is denied for the following reasons: (1) to avoid prejudice to creditors and (2) because there was no clear authority permitting such an amendment.
7-23-03 Logue Motion for reconsideration is denied. Under Federal Rule of Bankruptcy Procedure 9023 the motion was untimely because it was not filed within 10 days of the entry of the judgement. Under Federal Rule of Bankruptcy Procedure 9024 the defendant failed to state a reason that would justify reconsideration of the order.
3-07-03 Pennino The Court dismissed the chapter 13 case under 11 U.S.C. § 305 after finding there was no valid purpose under the facts reorganization, and that the interests of both the debtor and the creditors would be better served in another forum.
1-31-03 Bradley The Court denied the debtors' motion to allow late filing of appeal finding that the debtors failed to file a notice of appeal within the time allowed by the bankruptcy rules, and, as a result, the Court had no authority to grant the motion.