In re Gaddy
Jun
07
2013
Ruling
Debtor could not avoid lien that did not impair any homestead exemption in property.
Procedural posture
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.
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Court
:
- 11 U.S.C.
United States v. Pipkin (In re Pipkin)
May
24
2013
Ruling
Debt for overpayment of social security benefits was nondischargeable.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re ONeal
Apr
12
2013
Ruling
Confirmation denied due to impossibility and lack of specificity or good faith.
Procedural posture
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).
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Court
:
- 11 U.S.C.
Arkansas Dev. Fin. Auth. v. Rice (In re Yarnells Ice Cream Co.)
Feb
05
2013
Ruling
Trustee with constructive notice of deed could not avoid mortgage.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Price v. Ables (In re Price)
Jan
09
2013
Ruling
Objection to garnishment against trustee in dismissed chapter 13 case overruled.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Clear Sky Props. LLC v. Roussel (In re Roussel)
Dec
03
2012
Ruling
State court judgment for breach of fiduciary duty was dischargeable due to different state standard, except to the extent for defalcation regarding property.
Procedural posture
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).
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Court
:
- 11 U.S.C.
In re White
Nov
06
2012
Ruling
Debtors could not file involuntary proof of claim on behalf of state for postpetition taxes.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Whitehead
Oct
16
2012
Ruling
Discharge denied due to unexplained loss of investment property.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Johnson
Oct
10
2012
Ruling
Confirmation denied due to mischaracterization and deficiencies.
Procedural posture
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.
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Court
:
In re Patel
Aug
23
2012
Ruling
Case converted to chapter 7 due to diminution of estate, gross mismanagement and lack of rehabilitation potential.
Procedural posture
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.
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Court
: