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western district of arkansas

In re Lybrand

Ruling
Objection to plan confirmation was sustained, and the IRS was permitted to set off the debtor's refund against any tax liability, whether dischargeable or nondischargeable in nature.
Procedural posture

The IRS filed a motion to lift the automatic stay to set off a tax refund. The debtors did not object to the motion to lift the automatic stay. The issue was whether the IRS could allocate a prepetition tax refund to offset the prepetition tax liability of its choice.

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opinion summary, case decided on March 17, 2006 , LexisNexis #0406-027

In re Wallace

Ruling
Debtor's case was dismissed since the debtor failed to obtain the required prefiling credit counseling or file a certificate of exigent circumstances.
Procedural posture

Before the court in debtor's bankruptcy matter was a motion to dismiss filed by the chapter 13 standing trustee.

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opinion summary, case decided on March 10, 2006 , LexisNexis #0406-036

In re Torelli

Ruling
Court denied confirmation of the debtor's chapter 12 plan because it did not propose to pay a bank the present value of the bank's fully secured claim and because the plan was not feasible.
Procedural posture

Debtor filed for bankruptcy protection under chapter 12 and sought confirmation of a chapter 12 plan. Objector secured creditor objected to confirmation of the proposed plan. The court held a confirmation hearing.

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opinion summary, case decided on February 28, 2006 , LexisNexis #0306-066

In re Dwiggins

Ruling
Claim for postpetition creditor's attorneys' fees incurred in collecting debt was allowed.
Procedural posture

An oversecured mortgage creditor amended its claim in debtors bankruptcy to include postpetition attorneys fees, pursuant to 11 U.S.C. § 506(b), for bankruptcy-related services and for defending the debtors'state-court appeal of a decision in favor of the creditor. The debtors objected to the creditor's amended claim.

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opinion summary, case decided on January 09, 2006 , LexisNexis #0207-079