| Date Entered |
Last Name |
Description |
| 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. |
