Judge Mixon

In re Ballinger

Ruling: 
Judgment lien in favor of debtor's deceased spouse's former spouse impaired debtor's homestead exemption and could be avoided.
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Consumer case opionion summary, case decided on November 25,2013, LexisNexis #0114-119

In re Doug Wilson Ins. Agency Inc.

Debtor filed a voluntary petition for relief under the provisions of chapter 11 of the United States Bankruptcy Code. Creditor bank filed a motion for relief from the automatic stay concerning two tracts of real property, a rent house and the strip mall.
Ruling: 
Relief from stay granted due to substantial unpaid prepetition arrearages and unsubstantiated, insufficient, future income.
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Commercial case opionion summary, case decided on July 16,2013, LexisNexis #0813-046

McCarty v. Toyota Motor Credit Corp. (In re Christopher)

Debtors filed a voluntary petition for relief under the provisions of chapter 13. Plaintiff trustee filed an adversary proceeding seeking to determine the validity of defendant creditor's lien, to avoid the creditor's lien, and to object to the creditor's claim.
Ruling: 
Valid pre-petition purchase money unperfected security interest in the debtors' vehicle was not avoidable.
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Consumer case opionion summary, case decided on June 25,2013, LexisNexis #0713-091

Sims v. Roggasch (In re Roggasch)

Plaintiff creditors filed a complaint against defendant chapter 7 debtor seeking to have a debt declared nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) and objecting to the debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(2) and (a)(6). At the conclusion of the creditors' case in chief, the court granted the debtor's motion for judgment as a matter of law as to the § 727(a)(6) allegation.
Ruling: 
Debtor's transfer of 90 percent of stock in a corporation within one year of petition date was made with the intent to defraud and was grounds for denial of discharge.
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Consumer case opionion summary, case decided on June 12,2013, LexisNexis #0713-026

United States v. Pipkin (In re Pipkin)

United States brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the government for overpayment of social security disability benefits was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) based on the debtor's fraud in failing to report the debtor's employment and earnings.
Ruling: 
Debt for overpayment of social security benefits was nondischargeable.
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Consumer case opionion summary, case decided on May 24,2013, LexisNexis #0613-088

In re ONeal

The Arkansas Development Finance Authority (ADFA) objected to confirmation of the debtors second amended chapter 11 plan of reorganization on the grounds that the plan did not comply with the requirements of 11 U.S.C.S. §§ 1122 and 1129(a). It also argued that the plan violated the absolute priority rule in 11 U.S.C.S. § 1129(b)(2)(B)(ii).
Ruling: 
Confirmation denied due to impossibility and lack of specificity or good faith.
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Consumer case opionion summary, case decided on April 12,2013, LexisNexis #0513-030

Arkansas Dev. Fin. Auth. v. Rice (In re Yarnells Ice Cream Co.)

The Arkansas Development Finance Authority (ADFA), an agency of the State of Arkansas, filed this adversary proceeding against the chapter 7 trustee, seeking turnover of property pursuant to 11 U.S.C.S. § 542. The Trustee filed an answer to the complaint and also filed a counterclaim against ADFA. Before the court was the ADFA's motion for summary judgment. Also before the court was the Trustee's motion for summary judgment.
Ruling: 
Trustee with constructive notice of deed could not avoid mortgage.
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Commercial case opionion summary, case decided on February 05,2013, LexisNexis #0213-121

Price v. Ables (In re Price)

After a debtor's chapter 13 case was dismissed, plaintiff, the trustee for the debtor's estate, filed an adversary proceeding pursuant to 11 U.S.C.S. § 1326 for the turnover of property made to chapter 13 trustee by defendants while the case was still pending.
Ruling: 
Objection to garnishment against trustee in dismissed chapter 13 case overruled.
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Consumer case opionion summary, case decided on January 09,2013, LexisNexis #0213-063

Clear Sky Props. LLC v. Roussel (In re Roussel)

Creditors initiated an adversary proceeding to determine the dischargeability of debtor's obligation to creditors that was evidenced by a state court judgment of approximately $446,000. The creditors argued that the judgment debt, along with an attorneys' fees award, should be declared nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4) and § 523(a)(6).
Ruling: 
State court judgment for breach of fiduciary duty was dischargeable due to different state standard, except to the extent for defalcation regarding property.
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Consumer case opionion summary, case decided on December 03,2012, LexisNexis #1212-120

Caine v. First State Bank (In re Caine)

Chapter 12 debtors in possession filed an adversary proceeding to set aside creditor bank's mortgage lien on real property pursuant to 11 U.S.C.S. § 544(a)(1), (3), because the legal description in the recorded mortgage was defective. The bank counterclaimed for reformation of the mortgage granted.
Ruling: 
Debtors in possession could avoid defective lien as bona fide purchasers.
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Consumer case opionion summary, case decided on December 08,2011, LexisNexis #0212-089

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