Arkansas

Cox v. Decas Cranberry Prods. (In re Meyers Bakeries Inc.)

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).
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.
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Commercial case opionion summary, case decided on March 02,2009, LexisNexis #0709-031

Cox v. Interstate Packaging Group Inc. (In re Meyers Bakeries Inc.)

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).
Ruling: 
Eight prepetition transfers consistent with past practice and industry standards were made in ordinary course of business and not avoidable.
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Commercial case opionion summary, case decided on February 03,2009, LexisNexis #0409-032

In re Delta Transitional Home

A creditor, which elected to have its undersecured claim treated as fully secured pursuant to 11 U.S.C.S. § 1111(b), objected to confirmation of the chapter 11 debtor's plan.
Ruling: 
Debtor ordered to modify plan to reflect proper amount of undersecured claim being treated as fully secured.
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Commercial case opionion summary, case decided on January 26,2009, LexisNexis #0309-087

In re Booth

A bankruptcy debtor's chapter 13 plan included provisions which precluded the debtor's mortgage creditor from charging postpetition fees, and required the creditor to apply plan payments by deeming any pre-petition arrearages to be contractually current and notify the debtor and others concerning changes in payment amount. The creditor challenged these plan provisions and objected to confirmation of the plan.
Ruling: 
Plan could not preclude mortgage creditor's postpetition fees but could require application of payments as though loan was current.
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Consumer case opionion summary, case decided on January 14,2009, LexisNexis #0209-089

Smith v. Cooper (In re Cooper)

Plaintiff creditors filed an adversary proceeding against defendant chapter 7 debtors, a husband and wife, seeking a judgment that debts the debtors owed were nondischargeable under 11 U.S.C.S. § 523(a), and that the debtors should be denied a discharge under 11 U.S.C.S. § 727(a)(2), (a)(3), (a)(4), and (a)(5). A trustee was appointed to represent the bankruptcy estate, and he supported the creditors' objections to discharge under § 727.
Ruling: 
Motion to deny discharge granted against debtor but not against debtor spouse who was not involved in improper stock transaction.
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Consumer case opionion summary, case decided on January 13,2009, LexisNexis #0309-127

In re Frankum

Plaintiff debtors moved for a refund, seeking repayment from the bankruptcy estate of a portion of the federal income taxes that the I.R.S. had levied against their social security benefits following the entry of their chapter 7 discharge. The chapter 7 trustee and the creditors opposed the motion.
Ruling: 
Motion for refund of federal income tax levied postdischarge against social security benefits denied.
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Consumer case opionion summary, case decided on January 05,2009, LexisNexis #0409-025

In re West

A chapter 13 debtor filed a pro se motion to disgorge fees, requesting that all of her attorney's fees be disgorged pursuant to 11 U.S.C.S. § 105 and § 329, and Fed. R. Bankr. P. 2017.
Ruling: 
Debtor's attorneys'fees ordered disgorged due to inadequate representation.
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Consumer case opionion summary, case decided on November 10,2008, LexisNexis #0109-101

Iberg v. Prewett (In re Iberg)

Plaintiff property owner filed a complaint against defendant chapter 7 debtors, seeking monetary damages for breach of contract, denial of discharge based on 11 U.S.C.S. § 727(a)(5), and a determination of dischargeability pursuant to 11 U.S.C.S. § 523(a)(6).
Ruling: 
Debtors' failure to schedule a truck was not gounds for denial of discharge.
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Consumer case opionion summary, case decided on October 16,2008, LexisNexis #0109-022

Justice v. Advanced Control Solutions Inc.

Appellant creditor sought review of an order of the Bankruptcy Court for the Western District of Arkansas, arguing that the court committed error where a presumption of abuse arose under 11 U.S.C.S. § 707(b)(2), which was unrebutted in appellee debtor's case, and the court did not either dismiss or convert the case to a chapter 13. The creditor argued that either conversion or dismissal was mandatory in such a case.
Ruling: 
Bankruptcy court erred in failing to order converted case dismissed or converted back to chapter 13 once presumption of abuse arose.
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Consumer case opionion summary, case decided on September 22,2008, LexisNexis #1108-015

Bettys Homes Inc. v. Cooper Homes Inc. (In re Bettys Homes Inc.)

Debtor home builder filed a complaint against creditor material supplier to avoid as a preferential transfer under 11 U.S.C.S. § 547 a payment by cashier's check from a bank to the creditor within the 90 days prior to the debtor filing its voluntary chapter 11 bankruptcy petition.
Ruling: 
Transfer to material supplier within preference period in order to prevent filing of mechanic's lien was not preferential where not shown that supplier received more it would have received in chapter 7 case.
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Commercial case opionion summary, case decided on September 03,2008, LexisNexis #1108-046

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