In re Ballinger
Nov
25
2013
Ruling
Judgment lien in favor of debtor's deceased spouse's former spouse impaired debtor's homestead exemption and could be avoided.
Issue(s)
Was lien securing probate court judgment in favor of debtor's deceased spouse's former spouse avoidable as impairing debtor's homestead exemption.
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Court
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In re Doug Wilson Ins. Agency Inc.
Jul
16
2013
Ruling
Relief from stay granted due to substantial unpaid prepetition arrearages and unsubstantiated, insufficient, future income.
Procedural posture
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.
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Court
:
- 11 U.S.C.
McCarty v. Toyota Motor Credit Corp. (In re Christopher)
Jun
25
2013
Ruling
Valid pre-petition purchase money unperfected security interest in the debtors' vehicle was not avoidable.
Procedural posture
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.
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Court
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Sims v. Roggasch (In re Roggasch)
Jun
12
2013
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.
Procedural posture
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.
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Court
:
- 11 U.S.C.
United States v. Pipkin (In re Pipkin)
May
24
2013
Ruling
Debt for overpayment of social security benefits was nondischargeable.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re ONeal
Apr
12
2013
Ruling
Confirmation denied due to impossibility and lack of specificity or good faith.
Procedural posture
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).
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Court
:
- 11 U.S.C.
Arkansas Dev. Fin. Auth. v. Rice (In re Yarnells Ice Cream Co.)
Feb
05
2013
Ruling
Trustee with constructive notice of deed could not avoid mortgage.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Price v. Ables (In re Price)
Jan
09
2013
Ruling
Objection to garnishment against trustee in dismissed chapter 13 case overruled.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Clear Sky Props. LLC v. Roussel (In re Roussel)
Dec
03
2012
Ruling
State court judgment for breach of fiduciary duty was dischargeable due to different state standard, except to the extent for defalcation regarding property.
Procedural posture
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).
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Court
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Caine v. First State Bank (In re Caine)
Dec
08
2011
Ruling
Debtors in possession could avoid defective lien as bona fide purchasers.
Procedural posture
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.
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Court
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