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Justice v. Advanced Control Solutions Inc.

Sep
22
2008
Ruling
Bankruptcy court erred in failing to order converted case dismissed or converted back to chapter 13 once presumption of abuse arose.
Procedural posture

Appellant creditor sought review of an order of the Bankruptcy Court for the Western District of Arkansas, arguing that the court committed error where a presumption of abuse arose under 11 U.S.C.S. § 707(b)(2), which was unrebutted in appellee debtor's case, and the court did not either dismiss or convert the case to a chapter 13. The creditor argued that either conversion or dismissal was mandatory in such a case.

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Consumer opinion summary, case decided on September 22, 2008 , LexisNexis #1108-015
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Clark v. Flippin

Sep
29
2006
Ruling
Bankruptcy court properly held that nontransferrable dower interest was not subject to turnover.
Procedural posture

Appellant bankruptcy trustee challenged the decision of the bankruptcy court, which denied his motion for turnover of the non-exempt equity in the debtor's dower interest in certain real property.

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opinion summary, case decided on September 29, 2006 , LexisNexis #1006-135
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