Eastern District

In re Cameron

The Chapter 13 debtors objected to a creditor's claim pursuant to 11 U.S.C.S. § 502(b)(1) on the grounds that it was based on an unenforceable agreement. The court examined Arkansas law to determine if there was an enforceable contract between the debtors and the creditor. Both parties sought attorneys' fees.
Ruling: 
Claim under oral agreement disallowed as paid in full.
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Consumer case opionion summary, case decided on May 17,2011, LexisNexis #0611-047

In re White

Debtors filed separate chapter 7 bankruptcy cases. In each case, the creditor filed its Objection to Debtor's Claimed Exemption/Motion for Relief from Stay (individually, "Objection" and "Motion for Relief"). Thereafter, each debtor filed a Motion to Avoid Lien with respect to the judgment lien asserted by the creditor. The creditor filed a Motion for Summary Judgment and debtors filed a Counter Motion for Summary Judgment.
Ruling: 
Lien which affixed to entireties property before divorce and conversion to tenancy-in-common could not be avoided.
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Consumer case opionion summary, case decided on April 29,2011, LexisNexis #0511-114

In re Burnett

U. S. Trustee filed a motion to disgorge fees paid to chapter 13 debtors' attorney pursuant to 11 U.S.C.S. § 329(b).
Ruling: 
Attorney who failed to file case in time to save clients' home from foreclosure ordered to disgorge fees and suspended from bankruptcy practice.
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Consumer case opionion summary, case decided on April 15,2011, LexisNexis #0611-003

In re Burrow

The debtors objected to a creditor's proof of claim under 11 U.S.C.S. § 502.
Ruling: 
Portion of claim representing exorbitant foreclosure fees and charges disallowed.
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Consumer case opionion summary, case decided on March 22,2011, LexisNexis #0411-112

In re Miller

Debtor filed a petition under chapter 13, and a health center filed a claim in the amount of $610 against the debtor's bankruptcy estate. The debtor filed an objection to the claim, alleging that it was void because it was perfected in violation of the automatic stay.
Ruling: 
Enforcement limitations period of health care creditor's lien, which was perfected prior to petition date, was tolled while debtor's case was pending.
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Consumer case opionion summary, case decided on February 14,2011, LexisNexis #0311-004

Hyundai Motor Fin. Co. v. McKay (In re McKay)

Plaintiff creditor filed a motion to enforce a settlement that was reached with defendant Chapter 7 debtor with respect to the creditor's complaint seeking a determination that a debt was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). The debtor objected to the motion.
Ruling: 
Creditor could enforce settlement which debtor agreed to but failed to execute as a nondischargeable debt.
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Consumer case opionion summary, case decided on December 15,2010, LexisNexis #0111-122

In re Panther Mt. Land Dev. LLC

Debtor LLC filed a petition under Chapter 11 of the Bankruptcy Code, and a bank filed a motion seeking relief under 11 U.S.C.S. § 362(d) from the stay that was imposed when the LLC declared bankruptcy. The court denied the bank's motion, and the bank filed a second motion for relief from the stay and a motion under Fed. R. Bankr. P. 3012 which asked the court to determine the value of its claims.
Ruling: 
Relief from stay to foreclose against two properties denied where each had greater value than creditor's claims.
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Commercial case opionion summary, case decided on October 22,2010, LexisNexis #1110-112

In re Bryant

Debtors proposed a Third Amended Plan of Reorganization. Objections were filed by two secured creditors. One of the secured creditors, a bank, also filed a motion to dismiss.
Ruling: 
Lifelong farmers' third amended plan confirmed over bank's objection and attempt to dismiss the case.
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Consumer case opionion summary, case decided on October 08,2010, LexisNexis #1110-133

Helena Chemical Co. v. Richmond (In re Richmond)

Creditor brought an adversary proceeding against bankruptcy debtor seeking determinations that a debt to the creditor was nondischargeable under 11 U.S.C.S. § 523 and that the debtor should be denied a discharge under 11 U.S.C.S. § 727 based on the debtor's false pretenses, misrepresentations, and willful and malicious injury.
Ruling: 
Discharge denied due to debtor's misrepresentations, false oaths and concealment of assets.
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Consumer case opionion summary, case decided on June 08,2010, LexisNexis #0810-059

Sneed v. Hartsfield (In re Hartsfield)

Plaintiff, a successor trustee and the personal representative of a decedent's estate, filed an adversary proceeding against chapter 11 debtor, objecting to exemptions the debtor claimed and seeking a determination that the debtor owed two debts that were nondischargeable under 11 U.S.C.S. § 523(a)(4) because he committed fraud or defalcation while acting in a fiduciary capacity. The case was tried to the court.
Ruling: 
State court judgment of fiduciary defalcation was nondischargeable.
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Consumer case opionion summary, case decided on June 03,2010, LexisNexis #0810-052

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