Arkansas

Calderon v. Bank of Am. Corp. (In re Calderon)

Ruling: 
Bank not entitled to jury trial on alleged stay violation.
ABI Membership is required to access the full summary of Calderon v. Bank of Am. Corp. (In re Calderon). 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 July 01,2013, LexisNexis #0913-037

McCarty v. Toyota Motor Credit Corp. (In re Christopher)

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.
Ruling: 
Valid pre-petition purchase money unperfected security interest in the debtors' vehicle was not avoidable.
ABI Membership is required to access the full summary of McCarty v. Toyota Motor Credit Corp. (In re Christopher). 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 25,2013, LexisNexis #0713-091

Sims v. Roggasch (In re Roggasch)

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.
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.
ABI Membership is required to access the full summary of Sims v. Roggasch (In re Roggasch). 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 12,2013, LexisNexis #0713-026

Young v. Young (In re Young)

Debtor brought an adversary proceeding against former spouse of the debtor alleging that the spouse willfully violated the automatic bankruptcy stay by pursuing state-court proceedings to hold the debtor in contempt for failing to pay a pre-petition judgment for attorney fees and restitution and failing to pay post-petition alimony.
Ruling: 
Debtor's former spouse violated stay by pursing contempt order based on domestic support obligation in state court.
ABI Membership is required to access the full summary of Young v. Young (In re Young). 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 10,2013, LexisNexis #0713-077

In re Gaddy

Debtor filed a petition under chapter 7 of the Bankruptcy Code and claimed a homestead exemption in a house she owned. A bank that obtained judgments in state court against the debtor and two trusts she managed filed an objection to the debtor's claim and moved for relief from the automatic stay and an order requiring the chapter 7 trustee to abandon the property. The debtor filed a motion to avoid the bank's lien.
Ruling: 
Debtor could not avoid lien that did not impair any homestead exemption in property.
ABI Membership is required to access the full summary of In re Gaddy. 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 07,2013, LexisNexis #0713-086

United States v. Pipkin (In re Pipkin)

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.
Ruling: 
Debt for overpayment of social security benefits was nondischargeable.
ABI Membership is required to access the full summary of United States v. Pipkin (In re Pipkin). 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 24,2013, LexisNexis #0613-088

In re ONeal

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).
Ruling: 
Confirmation denied due to impossibility and lack of specificity or good faith.
ABI Membership is required to access the full summary of In re ONeal. 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 12,2013, LexisNexis #0513-030

Arkansas Dev. Fin. Auth. v. Rice (In re Yarnells Ice Cream Co.)

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.
Ruling: 
Trustee with constructive notice of deed could not avoid mortgage.
ABI Membership is required to access the full summary of Arkansas Dev. Fin. Auth. v. Rice (In re Yarnells Ice Cream Co.). 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 February 05,2013, LexisNexis #0213-121

Price v. Ables (In re Price)

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.
Ruling: 
Objection to garnishment against trustee in dismissed chapter 13 case overruled.
ABI Membership is required to access the full summary of Price v. Ables (In re Price). 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 January 09,2013, LexisNexis #0213-063

Clear Sky Props. LLC v. Roussel (In re Roussel)

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).
Ruling: 
State court judgment for breach of fiduciary duty was dischargeable due to different state standard, except to the extent for defalcation regarding property.
ABI Membership is required to access the full summary of Clear Sky Props. LLC v. Roussel (In re Roussel). 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 03,2012, LexisNexis #1212-120

Pages

Subscribe to Arkansas