Judge Evans

Jefferson v. Arkansas Dept of Fin. & Admin. (In re Jefferson)

Ruling: 
Debtor's claims against state tax agency that had filed proofs of claim were not barred by sovereign immunity.
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Consumer case opionion summary, case decided on December 11,2014, LexisNexis #0115-001

In re Dickens

Ruling: 
Trustee's fee based on fixed percentage of plan payments had to be returned to debtor upon preconfirmation dismissal.
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Consumer case opionion summary, case decided on July 25,2014, LexisNexis #0814-101

In re Living Hope Southeast LLC

Ruling: 
Relief from stay to pursue litigation against debtor denied given low likelihood of success and possible negative impact on other creditors and value of estate.
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Commercial case opionion summary, case decided on January 29,2014, LexisNexis #0314-045

Farmers Bank & Trust Co. v. Chickshaw Props. LLC (In re Burrow)

Ruling: 
Bankruptcy court abstained from and remanded proceeding for determination of priority of mortgages on property owned by debtor's LLC.
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Consumer case opionion summary, case decided on December 07,2013, LexisNexis #0314-136

Calderon v. Bank of Am. Corp. (In re Calderon)

Ruling: 
Bank not entitled to jury trial on alleged stay violation.
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Consumer case opionion summary, case decided on July 01,2013, LexisNexis #0913-037

In re Whitehead

Creditor brought an adversary complaint against chapter 7 debtor objecting to discharge and/or the dischargeability of a debt, based on debtor's failure to satisfactorily explain the loss of an asset, pursuant to 11 U.S.C.S. § 727(a)(5). Creditor and debtor had a business venture that involved purchasing and fixing up houses, and debtor had transferred one such house to his parents.
Ruling: 
Discharge denied due to unexplained loss of investment property.
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Consumer case opionion summary, case decided on October 16,2012, LexisNexis #1112-026

In re Heath

Debtors filed a petition under chapter 12 of the Bankruptcy Code and proposed a plan for paying their creditors that allowed them to sever agreements they entered with a creditor that cross-collateralized debts they owed the creditor. The creditor filed an objection to confirmation of the debtors' plan.
Ruling: 
Confirmation denied due to modification of cross-collateralized debt.
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Consumer case opionion summary, case decided on July 03,2012, LexisNexis #1212-130

In re Hopper

Debtor declared chapter 13 bankruptcy and proposed a plan for repaying his creditors. The debtor's ex-wife filed an objection to confirmation of the debtor's plan and asked the court to convert the debtor's case to one under chapter 7, and a trustee who was appointed to administer the plan also filed an objection to confirmation. The court held a hearing on the objections and on an adversary proceeding the debtor filed against his ex-wife.
Ruling: 
Confirmation denied and case converted to chapter 7 due to debtor's bad faith.
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Consumer case opionion summary, case decided on June 27,2012, LexisNexis #0712-094

Dugan v. U.S. Bank (In re Dugan)

Chapter 13 debtors filed a complaint defendant bank alleging violation of the automatic stay and seeking turn over of property of the estate. The bank filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and Fed. R. Bankr. P. 7012.
Ruling: 
Bank did not violate stay by seizing funds from business account of separate corporate entity owned 100 percent by debtor.
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Consumer case opionion summary, case decided on June 20,2012, LexisNexis #0812-137

In re Nicholas

The chapter 13 trustee objected to confirmation of a plan proposed by debtor, an ex-wife, based in part on debtor's intention to continue to reside in and to pay mortgages secured by a 7000 square foot residence in which she lived alone. One issue was whether the court might properly take debtor's Social Security income (SSI) into account in determining her projected disposable income (PDI) that was required to be committed to the plan.
Ruling: 
Confirmation denied due to plan that effectively required unsecured creditors to subsidize debtor's retention of home and excluded SSI income from projected disposable income.
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Consumer case opionion summary, case decided on October 26,2011, LexisNexis #1211-060

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