For purposes of claims estimation, unknown class of persons who may sustain injuries in the future not appropriate class.
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Opinions
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Judge Richard D. Taylor
Court can abstain from non-core related to case when all asserted actions are based on state law.
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).
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.
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).
Audrey R. Evans
Based on out-of-state attorney's failure to pay previously assessed contempt fine, the Court prohibited him from filing any further pleadings in Arkansas Bankruptcy Courts and directed Clerk of Court to return any further pleadings from that attorney until such time as fine is paid with post-judgment interest. In re Tubbs, 302 B.R. 290 (Bankr. E.D. Ark. 2003)
Security interests found avoidable by Chapter 7 Trustee. ATVs and mobile homes (whether affixed to real property or not) are subject to Arkansas' vehicle titling statute (Ark. Code Ann. §§ 27-14-801 - 27-14-807); accordingly, creditor's security interests in mobile home and ATV were not perfected because Defendant did not comply with the requirements of the vehicle titling statute and have its liens noted on the mobile home and ATV’s certificates of title. Rice v. Simmons First Bank of Searcy (In re Renaud), 302 B.R. 280 (Bankr. E.D. Ark. 2003). Affirmed on appeal. See In re Renaud, 308 B.R. 347 (8th Cir. B.A.P. 2004).
Objection to confirmation overruled; creditor had only unsecured claim in bankruptcy where collateral securing creditor's claim was lost prior to plan confirmation.Not selected for publication.
Dismissal for cause under Sec. 707(a) warranted in light of sheer number of bankruptcy filings (10 prior filings), the bases for their dismissal, the minimal time gap between dismissal and refiling in a number of Debtors' previous petitions, Debtors' patently false statements on their current petition, and overall abuse of the bankruptcy process. Debtors barred from refiling under any chapter of the Bankruptcy Code for 8 years. Not selected for publication.
Motion for new trial denied. Creditor's objection to confirmation overruled as untimely under General Order 20, (establishing 10 day deadline from 341(a) meeting to file objections), even though objection was filed prior to confirmation. Not selected for publication.