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District of arkansas

Dearasaugh, In re

Ruling
Court prohibited debtors from using rents as cash collateral unless they have obtained thebank's consent or an order from the court. (Bankr. E.D. Ark.)
Issue(s)
Use, Sale, or Lease of Property.

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Consumer opinion summary, case decided on June 26, 2017 , LexisNexis #0817-003

Ivey, In re

Ruling
Request for compensation and allowace of administrative expenses denied as allundistributed funds must be returned to debtor after conversion. (Bankr. E.D. Ark.)
Issue(s)
Effect of Conversion; Property of the Estate in Cases Converted from Chapter 13;

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Consumer opinion summary, case decided on March 21, 2017 , LexisNexis #0717-006

In re Keel

Ruling
Late filed proofs of claim by the IRS disallowed on debtor’s objection. (Bankr. W.D. Ark.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Proof of Claim not Timely Filed.

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Consumer opinion summary, case decided on December 06, 2016 , LexisNexis #0117-010

In re Special Educ. Solutions, Inc.

Ruling
Confirmation of debtor's plan denied as it did not have an impaired class voting in favor ofthe plan. (Bankr. W.D. Ark.)
Issue(s)
Confirmation of Plan; Requirements; Acceptance by at Least One Impaired Class.

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Commercial opinion summary, case decided on October 25, 2016 , LexisNexis #0217-021

In re Smith

Ruling
Debtor could not reopen case to obtain discharge of debt that was nondischargeable. (Bankr. W.D. Ark.)
Issue(s)
Closing and Reopening Cases.

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Consumer opinion summary, case decided on October 19, 2016 , LexisNexis #0117-002

Fulmer v. Fifth Third Equip. Fin. Co. (In re Veg Liquidation, Inc.)

Ruling
Trustee’s challenge to sale on grounds of fraud dismissed absent evidence that partiesinvolved were potential bidders. (Bankr. W.D. Ark.)
Issue(s)
Use, Sale, or Lease of Property.

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Commercial opinion summary, case decided on September 29, 2016 , LexisNexis #0117-007

Wallace v. Nelnet, Inc. (In re Wallace)

Ruling
Undue hardship discharge of student loan debt granted given advanced age and dismalemployment prospects. (Bankr. E.D. Ark.)
Issue(s)
Was debtor entitled to an undue hardship discharge of student loan debt?

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Consumer opinion summary, case decided on September 15, 2016 , LexisNexis #1016-050

In re Leaks

Ruling
Certificates of overpayment of unemployment benefits were avoidable judicial liens.
Issue(s)
Were certificates of overpayment of unemployment benefits avoidable judicial liens?

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Consumer opinion summary, case decided on July 08, 2016 , LexisNexis #0816-008

Knox, In re--Produce Exch. No. 299 v. Knox

Ruling
Court deemed that the landlord shall have a lien and the lien was perfected. (Bankr. W.D. Ark.)
Issue(s)
Extension of Time; Actions Against Debtor.

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Consumer opinion summary, case decided on June 30, 2016 , LexisNexis #1217-092

Bank of Fayette Cnty. v. Hampton (In re Hampton)

Ruling
Misrepresentation made at suggestion of relative did not result in nondischargeable debt dueto lack of intent to deceive and lack of reliance by creditor. (Bankr. E.D. Ark.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on April 20, 2016 , LexisNexis #1116-086