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eastern district of arkansas

Tankersley, In re

Ruling
Debtors could not claim a property exempt as their residence as they did not reside norintended to reside on the property. (Bankr. E.D. Ark.)
Issue(s)
Exemptions; Types of Exempt Property; Interest in Residential Property or Burial Plot.

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Consumer opinion summary, case decided on August 28, 2017 , LexisNexis #1017-011

Dearasaugh, In re

Ruling
Court prohibited debtors from using rents as cash collateral unless they have obtained thebank's consent or an order from the court. (Bankr. E.D. Ark.)
Issue(s)
Use, Sale, or Lease of Property.

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Consumer opinion summary, case decided on June 26, 2017 , LexisNexis #0817-003

Ivey, In re

Ruling
Request for compensation and allowace of administrative expenses denied as allundistributed funds must be returned to debtor after conversion. (Bankr. E.D. Ark.)
Issue(s)
Effect of Conversion; Property of the Estate in Cases Converted from Chapter 13;

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Consumer opinion summary, case decided on March 21, 2017 , LexisNexis #0717-006

Wallace v. Nelnet, Inc. (In re Wallace)

Ruling
Undue hardship discharge of student loan debt granted given advanced age and dismalemployment prospects. (Bankr. E.D. Ark.)
Issue(s)
Was debtor entitled to an undue hardship discharge of student loan debt?

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Consumer opinion summary, case decided on September 15, 2016 , LexisNexis #1016-050

In re Leaks

Ruling
Certificates of overpayment of unemployment benefits were avoidable judicial liens.
Issue(s)
Were certificates of overpayment of unemployment benefits avoidable judicial liens?

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Consumer opinion summary, case decided on July 08, 2016 , LexisNexis #0816-008

Bank of Fayette Cnty. v. Hampton (In re Hampton)

Ruling
Misrepresentation made at suggestion of relative did not result in nondischargeable debt dueto lack of intent to deceive and lack of reliance by creditor. (Bankr. E.D. Ark.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on April 20, 2016 , LexisNexis #1116-086

Coleman v. Fields (In re Fields)

Ruling
Debt arising from breach of contract was nondischargeable due to debtor's false pretenses and representations.
Issue(s)
Were any damages resulting from debtor's breach of contract nondischargeable?

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Consumer opinion summary, case decided on January 20, 2016 , LexisNexis #0216-079

Turner Grain Merch. Inc. v. Ltd Farms Pship (In re Turner Grain Merch. Inc.)

Ruling
Permissive abstention appropriate for claims against non-debtor parties in which state law issues predominated.
Issue(s)
Whether the court should sever, abstain from hearing, and remand certain claims in an action removed from state court?

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Commercial opinion summary, case decided on January 19, 2016 , LexisNexis #0416-102

In re Shorter

Ruling
Widow had standing to seek hardship discharge for deceased debtor, which was granted.
Issue(s)
Could widow obtain a hardship discharge on behalf of deceased debtor?

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Consumer opinion summary, case decided on October 23, 2015 , LexisNexis #0416-098

In re Welsh

Ruling
Preconfirmation modifications to chapter 13 plan could not be approved due to failure to notify creditors.
Issue(s)
Whether debtor's pre-confirmation modified plan was properly noticed to creditors so as to allow confirmation?

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Consumer opinion summary, case decided on October 21, 2015 , LexisNexis #1215-032