Arkansas

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.
ABI Membership is required to access the full summary of Sneed v. Hartsfield (In re Hartsfield). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 03,2010, LexisNexis #0810-052

First Sec. Bank v. Hudson (In re Hudson)

Creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the creditor was not dischargeable under 11 U.S.C.S. § 523(a)(2)(A) based on the debtor's fraud in obtaining a loan from the creditor to allow her son to purchase a vehicle.
Ruling: 
Auto loan taken out by debtor on behalf of son who later sold the vehicle was dischargeableabsent evidence of debtor's own fraud.
ABI Membership is required to access the full summary of First Sec. Bank v. Hudson (In re Hudson). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 14,2010, LexisNexis #0710-088

In re Andrews

Creditors filed an adversary proceeding against chapter 7 debtors, seeking an order denying the debtors' discharge under 11 U.S.C.S. § 727(a)(2)(A) and (a)(4)(A). The court issued an order denying the debtors' discharge but subsequently decided that it made finding of fact that were not supported by the evidence, and it tried the case de novo.
Ruling: 
Discharge denied due to debtors' knowingly and fruadulently made false oaths.
ABI Membership is required to access the full summary of In re Andrews. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 06,2010, LexisNexis #0710-093

In re Green

In a chapter 7 case, the trustee filed an objection to the debtor's claimed exemptions under 11 U.S.C.S. § 522(d)(10)(D). The trustee also filed a motion for turnover of payments on account of past due child support.
Ruling: 
Objection to claimed exemption in child support judgment overruled due to lack of evidence.
ABI Membership is required to access the full summary of In re Green. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 19,2010, LexisNexis #0410-116

Williams v. JPMorgan Chase Bank (In re Stewart)

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.
Ruling: 
Mortgage lien that was defective and unperfected under state law could be avoided.
ABI Membership is required to access the full summary of Williams v. JPMorgan Chase Bank (In re Stewart). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 21,2009, LexisNexis #0210-016

In re Weathers

Bankruptcy debtors claimed as exempt a portion of their homestead property, which was subject to a restrictive covenant against division of the property, and the debtors offered to purchase the nonexempt portion of the property. Creditors objected to the claimed exemption.
Ruling: 
Debtor's homestead exemption allowed provided debtor paid trustee for nonexempt portion of debt.
ABI Membership is required to access the full summary of In re Weathers. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 04,2009, LexisNexis #0110-014

DeQueen Gen. Hosp. Inc. v. JCE Healthcare Group LLC (In re DeQueen Gen. Hosp. Streetman & Meeks)

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.
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.
ABI Membership is required to access the full summary of DeQueen Gen. Hosp. Inc. v. JCE Healthcare Group LLC (In re DeQueen Gen. Hosp. Streetman & Meeks). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 20,2009, LexisNexis #1109-105

Vinson v. Cozart (In re Cozart)

Plaintiff homebuyers filed a complaint to determine the dischargeability of certain debts against defendant/debtor, a homebuilder. The buyers sought a ruling that the builder's debt to them was non-dischargeable under 11 U.S.C.S. § 523(a)(2)(A), as well as other rulings.
Ruling: 
Debt based on debtor builder's fraudulent inducement of creditors to purchase a materially defective home was nondischargeable.
ABI Membership is required to access the full summary of Vinson v. Cozart (In re Cozart). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 11,2009, LexisNexis #1009-120

In re Justice

The movant, a creditor, sought dismissal of the debtor's case. The matter was remanded from the district court for the District of Arkansas. The district court ruled that the bankruptcy court was required, when faced with an unrebutted presumption of abuse in the debtor's means test; to dismiss his petition or convert it back to a chapter 13.
Ruling: 
Case ordered reconverted to chapter 13 or dismissed for abuse due to income levels.
ABI Membership is required to access the full summary of In re Justice. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 15,2009, LexisNexis #0709-018

In re Butler

The chapter 13 debtor's motor vehicle lien holding creditor filed an objection to the confirmation of the debtors' plan as proposed. The gravamen of the creditor's objection was that, upon confirmation, the payments to the creditor would cease for approximately seven months while the trustee was paying the administrative costs and attorney fees under the plan, and so the plan did not comply with 11 U.S.C.S. § 1326.
Ruling: 
Confirmation denied due to failure to feasibly provide for proper adequate protection payments.
ABI Membership is required to access the full summary of In re Butler. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 17,2009, LexisNexis #0609-095

Pages

Subscribe to Arkansas