Arkansas

In re White

Chapter 13 debtors filed a proposed modification of their plan, a motion for an order of release of the lien of a state, and an involuntary claim on behalf of the state.
Ruling: 
Debtors could not file involuntary proof of claim on behalf of state for postpetition taxes.
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Consumer case opionion summary, case decided on November 06,2012, LexisNexis #1112-132

In re Whitehead

Creditor brought an adversary complaint against chapter 7 debtor objecting to discharge and/or the dischargeability of a debt, based on debtor's failure to satisfactorily explain the loss of an asset, pursuant to 11 U.S.C.S. § 727(a)(5). Creditor and debtor had a business venture that involved purchasing and fixing up houses, and debtor had transferred one such house to his parents.
Ruling: 
Discharge denied due to unexplained loss of investment property.
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Consumer case opionion summary, case decided on October 16,2012, LexisNexis #1112-026

In re Johnson

Mortgage creditor filed an objection to chapter 13 debtors' proposed plan, which sought to classify the creditor's claim as unsecured, on the theory that the parties had entered into a contract for deed rather than a secured mortgage. The creditor asserted that debtors had failed to pay taxes on the real property for a number of years.
Ruling: 
Confirmation denied due to mischaracterization and deficiencies.
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Consumer case opionion summary, case decided on October 10,2012, LexisNexis #1112-031

In re Patel

A corporation wholly owned by bankruptcy debtors owned and operated a convenience store which suffered declining revenues due to increased competition, and the debtors' expenses exceeded their income. A creditor moved pursuant to 11 U.S.C.S. § 1112(b) to convert the debtor's chapter 11 case to chapter 7 or to dismiss the case.
Ruling: 
Case converted to chapter 7 due to diminution of estate, gross mismanagement and lack of rehabilitation potential.
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Consumer case opionion summary, case decided on August 23,2012, LexisNexis #1012-094

In re Heath

Debtors filed a petition under chapter 12 of the Bankruptcy Code and proposed a plan for paying their creditors that allowed them to sever agreements they entered with a creditor that cross-collateralized debts they owed the creditor. The creditor filed an objection to confirmation of the debtors' plan.
Ruling: 
Confirmation denied due to modification of cross-collateralized debt.
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Consumer case opionion summary, case decided on July 03,2012, LexisNexis #1212-130

In re Covel

Debtor filed a petition under chapter 7, and a bank that held a secured interest in the debtor's home filed a motion for an order requiring the debtor to reaffirm a debt she owed on her home, redeem the property, or surrender the property. The court held a hearing on the bank's motion.
Ruling: 
Debtor could not be required to reaffirm secured debt despite statement of intent to do so.
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Consumer case opionion summary, case decided on July 03,2012, LexisNexis #0712-117

In re Hopper

Debtor declared chapter 13 bankruptcy and proposed a plan for repaying his creditors. The debtor's ex-wife filed an objection to confirmation of the debtor's plan and asked the court to convert the debtor's case to one under chapter 7, and a trustee who was appointed to administer the plan also filed an objection to confirmation. The court held a hearing on the objections and on an adversary proceeding the debtor filed against his ex-wife.
Ruling: 
Confirmation denied and case converted to chapter 7 due to debtor's bad faith.
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Consumer case opionion summary, case decided on June 27,2012, LexisNexis #0712-094

Dugan v. U.S. Bank (In re Dugan)

Chapter 13 debtors filed a complaint defendant bank alleging violation of the automatic stay and seeking turn over of property of the estate. The bank filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and Fed. R. Bankr. P. 7012.
Ruling: 
Bank did not violate stay by seizing funds from business account of separate corporate entity owned 100 percent by debtor.
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Consumer case opionion summary, case decided on June 20,2012, LexisNexis #0812-137

Gomez v. Wells Fargo Bank (In re Gomez)

Plaintiff bankruptcy debtors brought an adversary proceeding against creditor seeking a declaration that an agreement whereby the debtors reaffirmed their debt to the creditor secured by the debtors' home was null and void based on lack of compliance with the statutory requirements of 11 U.S.C.S. § 524.
Ruling: 
Reaffirmation agreement was valid despite failure to separate fees and costs or provide repayment schedule.
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Consumer case opionion summary, case decided on May 24,2012, LexisNexis #0712-023

Conine v. Foster (In re Foster)

Judgment creditor filed an adversary proceeding against chapter 7 debtor, seeking a determination that a judgment she obtained in state court was nondischargeable under 11 U.S.C.S. § 523, and a determination that the debtor was not eligible under 11 U.S.C.S. § 727(a)(2)(B), (a)(3), and (a)(4)(A) to have his debts discharged. The creditor withdrew her claim under § 523, and her claims under § 727 were tried to the court.
Ruling: 
Discharge denied due to debtor's failure to omissions from schedules.
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Consumer case opionion summary, case decided on April 20,2012, LexisNexis #0512-135

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