Arkansas

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

Caine v. First State Bank (In re Caine)

Chapter 12 debtors in possession filed an adversary proceeding to set aside creditor bank's mortgage lien on real property pursuant to 11 U.S.C.S. § 544(a)(1), (3), because the legal description in the recorded mortgage was defective. The bank counterclaimed for reformation of the mortgage granted.
Ruling: 
Debtors in possession could avoid defective lien as bona fide purchasers.
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Consumer case opionion summary, case decided on December 08,2011, LexisNexis #0212-089

In re Nicholas

The chapter 13 trustee objected to confirmation of a plan proposed by debtor, an ex-wife, based in part on debtor's intention to continue to reside in and to pay mortgages secured by a 7000 square foot residence in which she lived alone. One issue was whether the court might properly take debtor's Social Security income (SSI) into account in determining her projected disposable income (PDI) that was required to be committed to the plan.
Ruling: 
Confirmation denied due to plan that effectively required unsecured creditors to subsidize debtor's retention of home and excluded SSI income from projected disposable income.
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Consumer case opionion summary, case decided on October 26,2011, LexisNexis #1211-060

Luker v. Heartland Cmty. Bank (In re Frankum)

Chapter 7 trustee filed an adversary proceeding against defendants, two banks and a funeral home, claiming, inter alia, that a $500,000 payment that was made to one of the banks was a preferential transfer that could be avoided under 11 U.S.C.S. § 547. The trustee filed a motion for summary judgment.
Ruling: 
Payments to bank less than 90 days prior to petition date were preferential and avoidable.
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Consumer case opionion summary, case decided on July 18,2011, LexisNexis #0911-139

In re Burnett

The court ordered defendant, counsel for various debtors, to show cause why he should not be held in contempt of the court's prior suspension order, issued in connection with the court's finding in a different case that defendant would not be permitted to practice before the court until a state supreme court committee on professional conduct had reviewed the court's findings as to defendant's alleged misconduct.
Ruling: 
Debtor's counsel held in contempt and sanctioned for violating prior suspension order.
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Consumer case opionion summary, case decided on June 13,2011, LexisNexis #1011-034

In re Bacon

Approximately five months after confirmation of her plan of reorganization, a debtor sought to modify the plan pursuant to 11 U.S.C.S. § 1329. The bankruptcy trustee filed an objection.
Ruling: 
Debtor could not modify plan to accommodate new monthly car payments and increased insurance on Cadillac.
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Consumer case opionion summary, case decided on May 26,2011, LexisNexis #0611-102

In re Cameron

The Chapter 13 debtors objected to a creditor's claim pursuant to 11 U.S.C.S. § 502(b)(1) on the grounds that it was based on an unenforceable agreement. The court examined Arkansas law to determine if there was an enforceable contract between the debtors and the creditor. Both parties sought attorneys' fees.
Ruling: 
Claim under oral agreement disallowed as paid in full.
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Consumer case opionion summary, case decided on May 17,2011, LexisNexis #0611-047

In re White

Debtors filed separate chapter 7 bankruptcy cases. In each case, the creditor filed its Objection to Debtor's Claimed Exemption/Motion for Relief from Stay (individually, "Objection" and "Motion for Relief"). Thereafter, each debtor filed a Motion to Avoid Lien with respect to the judgment lien asserted by the creditor. The creditor filed a Motion for Summary Judgment and debtors filed a Counter Motion for Summary Judgment.
Ruling: 
Lien which affixed to entireties property before divorce and conversion to tenancy-in-common could not be avoided.
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Consumer case opionion summary, case decided on April 29,2011, LexisNexis #0511-114

In re Burnett

U. S. Trustee filed a motion to disgorge fees paid to chapter 13 debtors' attorney pursuant to 11 U.S.C.S. § 329(b).
Ruling: 
Attorney who failed to file case in time to save clients' home from foreclosure ordered to disgorge fees and suspended from bankruptcy practice.
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Consumer case opionion summary, case decided on April 15,2011, LexisNexis #0611-003

In re Burrow

The debtors objected to a creditor's proof of claim under 11 U.S.C.S. § 502.
Ruling: 
Portion of claim representing exorbitant foreclosure fees and charges disallowed.
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Consumer case opionion summary, case decided on March 22,2011, LexisNexis #0411-112

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