- 11 U.S.C.
In re Cameron
May
17
2011
Ruling
Claim under oral agreement disallowed as paid in full.
Procedural posture
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.
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:
- 11 U.S.C.
Williams v. Pillar Capitol Holdings LLC (In re Living Hope Southwest Med. Servs. LLC)
Mar
14
2011
Ruling
Transfers from debtor medical center to creditor LLC were avoidable as not made in the ordinary course of business.
Procedural posture
Citing 11 U.S.C.S. § 549, plaintiff trustee sought to avoid allegedly unauthorized post-petition transfers from debtor medical center to defendant LLC, a creditor of debtor, and to LLC's sole member. Issues included whether the transfers were extensions of credit in the ordinary course per 11 U.S.C.S. § 364 that were properly approved nunc pro tunc and whether, if the LLC was found to be liable, the sole member was had personal liability.
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:
- 11 U.S.C.
In re Miller
Feb
14
2011
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.
Procedural posture
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.
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In re Double G Trucking of the Arlatex Inc.
Dec
20
2010
Ruling
Lessor allowed administrative expense claims for tractor lease payments owed through date of rejection.
Procedural posture
A lessor filed an amended application for an administrative expense claim under 11 U.S.C.S. § 503(b)(1)(A) for rental obligations that accrued in the first 59 days after a chapter 11 debtor's petition was filed. The lessor also sought automatic administrative expense treatment under 11 U.S.C.S. § 365(d)(5) for obligations that accrued from the 60th day after the petition was filed until the date the equipment was surrendered.
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:
- 11 U.S.C.
In re Andrews
Jul
12
2010
Ruling
Fee awarded to attorney for debtor's former spouse in divorce was a nondischargeable domestic support obligation.
Procedural posture
Debtor filed a petition under chapter 13, and an attorney who represented the debtor's ex-wife in a divorce action filed a claim against the debtor's bankruptcy estate. The debtor filed an objection to the attorney's claim, and the attorney filed an objection to confirmation of the debtor's chapter 13 plan and moved for judgment on the pleadings.
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:
- 11 U.S.C.
In re Jenkins
Jan
12
2010
Ruling
Debtor's plan could cure mortgage default where foreclosure sale was complete but deed had not been delivered or recorded.
Procedural posture
A bankruptcy debtor proposed a plan which provided for cure of the debtor's mortgage arrearage under 11 U.S.C.S. § 1322(c)(1) since a foreclosure sale of the debtor's residence was not finalized prior to the debtor's bankruptcy. The debtor's mortgage creditor objected to confirmation of the debtor's plan on the ground that Ark. Code Ann. § 18-50-101(8) (2003) deemed the property sold when the highest bid was accepted which was pre-bankruptcy.
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:
- 11 U.S.C.
Williams v. JPMorgan Chase Bank (In re Stewart)
Dec
21
2009
Ruling
Mortgage lien that was defective and unperfected under state law could be avoided.
Procedural posture
Plaintiff trustee filed an adversary proceeding against defendant creditor to avoid a mortgage lien and for turnover under 11 U.S.C.S. §§ 544(a) and 550(a). The trustee also sought reasonable attorney fees pursuant to Ark. Code Ann. § 16-22-308.
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:
- 11 U.S.C.
DeQueen Gen. Hosp. Inc. v. JCE Healthcare Group LLC (In re DeQueen Gen. Hosp. Streetman & Meeks)
Oct
20
2009
Ruling
Distribution agent created by chapter 11 plan was entitled to award of mistakenly diverted funds and attorneys' fees due to delay in closing sale of assets.
Procedural posture
Plaintiff, distribution agent on behalf of the debtor, filed an adversary proceeding against defendants, the debtor hospital and its purchaser, alleging violations of multiple agreements and agency and fiduciary duties, and seeking a variety of relief arising out of the sale of assets from the debtor to the purchaser. The amount paid to the distribution agent was substantially less than was estimated by the plan and the disclosure statement.
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Court
:
- 11 U.S.C.
Cox v. Decas Cranberry Prods. (In re Meyers Bakeries Inc.)
Mar
02
2009
Ruling
Payments by debtor bakery for dried cranberries were not protected by Perishable Agricultural Commodities Act and were preferential as not made in accordance with industry standards.
Procedural posture
Plaintiff filed an adversary proceeding against defendant creditor, seeking to recover three pre-petition transfers totaling $ 32,472 as preferential transfers pursuant to 11 U.S.C.S. § 547. The creditor asserted that the Perishable Agricultural Commodities Act, 7 U.S.C.S. § 499a et seq. applied, and raised the affirmative defense of ordinary course of business as provided in 11 U.S.C.S. § 547(c)(2)(A).
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Cox v. Interstate Packaging Group Inc. (In re Meyers Bakeries Inc.)
Feb
03
2009
Ruling
Eight prepetition transfers consistent with past practice and industry standards were made in ordinary course of business and not avoidable.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendant creditor to recover eight pre-petition transfers as preferential transfers pursuant to 11 U.S.C.S. § 547. The creditor raised the affirmative defense of ordinary course of business and new value as provided in 11 U.S.C.S. § 547(c).
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