Arkansas

Williams v. Pillar Capitol Holdings LLC (In re Living Hope Southwest Med. Servs. LLC)

Citing 11 U.S.C.S. § 549, plaintiff trustee sought to avoid allegedly unauthorized post-petition transfers from debtor medical center to defendant LLC, a creditor of debtor, and to LLC's sole member. Issues included whether the transfers were extensions of credit in the ordinary course per 11 U.S.C.S. § 364 that were properly approved nunc pro tunc and whether, if the LLC was found to be liable, the sole member was had personal liability.
Ruling: 
Transfers from debtor medical center to creditor LLC were avoidable as not made in the ordinary course of business.
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Commercial case opionion summary, case decided on March 14,2011, LexisNexis #0411-043

In re Miller

Debtor filed a petition under chapter 13, and a health center filed a claim in the amount of $610 against the debtor's bankruptcy estate. The debtor filed an objection to the claim, alleging that it was void because it was perfected in violation of the automatic stay.
Ruling: 
Enforcement limitations period of health care creditor's lien, which was perfected prior to petition date, was tolled while debtor's case was pending.
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Consumer case opionion summary, case decided on February 14,2011, LexisNexis #0311-004

In re Giles

Bankruptcy debtors claimed a homestead exemption in real property upon which was located the debtors' residence and four rental storage units, and a creditor asserted that the portion of the property containing the storage units was used for business and thus abandoned as part of the homestead. The creditor objected to the debtor's claimed exemption in the entire property.
Ruling: 
Use of portion of real property for family operated business did not invalidate debtors' homestead exemption.
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Consumer case opionion summary, case decided on January 06,2011, LexisNexis #0211-080

In re Double G Trucking of the Arlatex Inc.

A lessor filed an amended application for an administrative expense claim under 11 U.S.C.S. § 503(b)(1)(A) for rental obligations that accrued in the first 59 days after a chapter 11 debtor's petition was filed. The lessor also sought automatic administrative expense treatment under 11 U.S.C.S. § 365(d)(5) for obligations that accrued from the 60th day after the petition was filed until the date the equipment was surrendered.
Ruling: 
Lessor allowed administrative expense claims for tractor lease payments owed through date of rejection.
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Commercial case opionion summary, case decided on December 20,2010, LexisNexis #0211-016

Hyundai Motor Fin. Co. v. McKay (In re McKay)

Plaintiff creditor filed a motion to enforce a settlement that was reached with defendant Chapter 7 debtor with respect to the creditor's complaint seeking a determination that a debt was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). The debtor objected to the motion.
Ruling: 
Creditor could enforce settlement which debtor agreed to but failed to execute as a nondischargeable debt.
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Consumer case opionion summary, case decided on December 15,2010, LexisNexis #0111-122

Lewis v. Spivey (In re Spivey)

Creditors filed a complaint against chapter 7 debtors individually and as members of a limited liability company (LLC) to determine the dischargeability of debts under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4). The debtors moved to dismiss the 11 U.S.C.S. § 523(a)(4) cause of action for lack of standing.
Ruling: 
Debtor's use of management fees without assent of other LLC members while making false assurances resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on November 22,2010, LexisNexis #1210-117

In re Panther Mt. Land Dev. LLC

Debtor LLC filed a petition under Chapter 11 of the Bankruptcy Code, and a bank filed a motion seeking relief under 11 U.S.C.S. § 362(d) from the stay that was imposed when the LLC declared bankruptcy. The court denied the bank's motion, and the bank filed a second motion for relief from the stay and a motion under Fed. R. Bankr. P. 3012 which asked the court to determine the value of its claims.
Ruling: 
Relief from stay to foreclose against two properties denied where each had greater value than creditor's claims.
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Commercial case opionion summary, case decided on October 22,2010, LexisNexis #1110-112

In re Bryant

Debtors proposed a Third Amended Plan of Reorganization. Objections were filed by two secured creditors. One of the secured creditors, a bank, also filed a motion to dismiss.
Ruling: 
Lifelong farmers' third amended plan confirmed over bank's objection and attempt to dismiss the case.
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Consumer case opionion summary, case decided on October 08,2010, LexisNexis #1110-133

In re Andrews

Debtor filed a petition under chapter 13, and an attorney who represented the debtor's ex-wife in a divorce action filed a claim against the debtor's bankruptcy estate. The debtor filed an objection to the attorney's claim, and the attorney filed an objection to confirmation of the debtor's chapter 13 plan and moved for judgment on the pleadings.
Ruling: 
Fee awarded to attorney for debtor's former spouse in divorce was a nondischargeable domestic support obligation.
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Consumer case opionion summary, case decided on July 12,2010, LexisNexis #1010-002

Helena Chemical Co. v. Richmond (In re Richmond)

Creditor brought an adversary proceeding against bankruptcy debtor seeking determinations that a debt to the creditor was nondischargeable under 11 U.S.C.S. § 523 and that the debtor should be denied a discharge under 11 U.S.C.S. § 727 based on the debtor's false pretenses, misrepresentations, and willful and malicious injury.
Ruling: 
Discharge denied due to debtor's misrepresentations, false oaths and concealment of assets.
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Consumer case opionion summary, case decided on June 08,2010, LexisNexis #0810-059

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