Bankruptcy Court for the Eastern District of Arkansas Court Cases

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  1. In Re Dunlap (1997)

    The matter before the Court is an objection to confirmation of the modified plan of Markham E. and Lisa Gayle Dunlap (Debtors). For the reasons stated below, the objection to confirmation is sustained. The proceeding before the Court is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(L), and the Court has jurisdiction to enter a final judgment in the case.


    Court: Bankruptcy Court for the Eastern District of Arkansas Docket: Bankruptcy No. 95-20169M
  2. In Re Henson (1996)

    THIS CAUSE is before the Court upon the trial of the complaint to determine dischargeability of debt pursuant to section 523(a)(15). In addition, there is pending a motion by the defendant to amend his answer, filed on April 2, 1996. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157(a), 1334. This is a "core proceeding" within the meaning of 28 U.S.C. § 157(b) as exemplified by 28 U.S.C. § 157(b)(2)(I).


    Court: Bankruptcy Court for the Eastern District of Arkansas Docket: Bankruptcy No. 95-42997 S. Adv. No. 95-4164
  3. In Re Scruggs (2006)

    On December 19, 2005, Eric and Shauna Scruggs ("Debtors") filed a voluntary petition for relief under the provisions of Chapter 13. The Debtors' plan proposed to pay the sum of $854.00 per month to the Trustee for a period of 60 months. The plan listed the debt owed to GMAC as $38,519.00 and included payments to GMAC under the heading of "PMSI Secured Claims to which § 506 Valuation is Not Applicable" in the monthly sum of $641.99 without interest on the unpaid principal over the life of the [...]

    Court: Bankruptcy Court for the Eastern District of Arkansas Docket: 4:05-bk-40332
  4. In Re Beshears (1996)

    THIS CAUSE came before the Court upon the complaints objecting to discharge and dischargeability. The Bank of Newport and the trustee object to the discharge of Albert Beshears under sections 727(a)(5), (3), (2), and (4)(C). The Bank of Newport objects to Nancy Beshears King's[1] discharge under section 727(a)(5), while the trustee objects to King's discharge under sections 727(a)(5) and (3).


    Court: Bankruptcy Court for the Eastern District of Arkansas Docket: Bankruptcy No. 93-10235 S. Adv. Nos. 94-1005, 94-1006
  5. In Re Smith (1993)

    THIS CAUSE came before the Court upon the complaint objecting to discharge of the debtors. The complaint was timely filed, on December 14, 1992, pursuant to 11 U.S.C. § 727(a)(2), (3), (4), (5), and trial was held on October 27, 1993.


    Court: Bankruptcy Court for the Eastern District of Arkansas Docket: Bankruptcy No. 92-14143S. Adv. No. 92-4512
  6. In Re Baldridge (2000)

    THIS CAUSE came before the Court upon the trial of the adversary proceeding objecting to the debtor's discharge pursuant to sections 727(a)(2), (a)(4)(A). Trial was held on September 7, 2000, after which the parties submitted written post trial argument whereupon the matter was under submission.


    Court: Bankruptcy Court for the Eastern District of Arkansas Docket: Bankruptcy No. 99-43852S. Adversary No. 99-4184
  7. Frelin v. Oakwood Homes Corp. (2003)

    ORDER GRANTING PLAINTIFFS' MOTION FOR REMAND OF STATE COURT CIVIL ACTION AND FOR ABSTENTION AND DENYING DEFENDANTS' MOTION TO TRANSFER TO THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE


    Court: Bankruptcy Court for the Eastern District of Arkansas Docket: 4:02-AP-1363E
  8. In Re Sims (1992)

    THIS CAUSE is before the Court upon the trial of the complaint to determine dischargeability and objection to discharge, filed on January 21, 1992, setting forth two counts. Count I requested that the Court determine the debt in the amount of $40,036 is nondischargeable by virtue of a state court judgment based on breach of warranty and fraud, citing 11 U.S.C. § 523(a)(4), (6). At the pretrial stage of litigation, the plaintiffs abandoned their cause of action under section 523(a)(4), electing [...]

    Court: Bankruptcy Court for the Eastern District of Arkansas Docket: Bankruptcy No. 91-30399 S, Adv. No. 91-3033
  9. In Re Armstrong (1999)

    THIS CAUSE is before the Court upon the trial of the Complaint to Recover Money or Property. The trustee seeks to recover funds from a casino under Bankruptcy Code sections 547, 548(a)(1) and Arkansas Code § 16-118-103. The Court has jurisdiction over this action pursuant to 28 U.S.C. § 157(b)(2)(F). Inasmuch as the Court finds the payment to be a preference to which the section 547(c) defenses are unavailable, the Court does not address the merits of the second and third counts of the [...]

    Court: Bankruptcy Court for the Eastern District of Arkansas Docket: Bankruptcy No. 96-50087 S, Adversary No. 96-5050
  10. In Re Paskel (1996)

    THIS CAUSE is before the Court upon the trial of the Complaint by the United States Trustee for injunction and sanctions pursuant to 11 U.S.C. § 110 against Thomas Womack, a bankruptcy petition preparer. This adversary proceeding was filed on April 26, 1996, pursuant to section 110 of the Bankruptcy Code requesting imposition of sanctions and an injunction against Womack for improperly filing bankruptcy petitions and other documents on behalf of debtors. Womack included in his answer a [...]

    Court: Bankruptcy Court for the Eastern District of Arkansas Docket: Bankruptcy No. 96-43288 S, Adv. No. 96-4071
  11. In Re O'Connor (1984)

    Before the Court is a Complaint for a Contempt Citation and Judgment filed on behalf of debtors against Methodist Hospital in Jonesboro, Inc. and Professional Credit Management, Inc. The debtors are represented by Gary E. Johnson, and Methodist Hospital of Jonesboro, Inc. and Professional Credit Management, Inc., (creditor) are represented by R. James Lyons. A hearing was held in this matter on May 8, 1984. The parties submitted the case to the Court on stipulated facts.


    Court: Bankruptcy Court for the Eastern District of Arkansas Docket: Bankruptcy No. JO 83-225, Adv. No. AP 84-194
  12. In Re Jones (1994)

    On November 12, 1992, Guy Hamilton Jones, Jr. ("Jones") and Guy Jones, Jr., P.A. ("the P.A.") filed voluntary petitions for relief under the provisions of Chapter 7 of the United States Bankruptcy Code. Jones is an attorney, who conducts his legal profession through the professional association, Guy Jones, Jr., P.A. Richard L. Ramsay was appointed the trustee in both cases.


    Court: Bankruptcy Court for the Eastern District of Arkansas Docket: Bankruptcy No. 92-42755M. Adv. Nos. 93-4057M, 93-4058M
  13. In Re Brown (1993)

    The Court, sua sponte, and based upon a request by creditors Danny and Cheryl Looper, issued an Order to Show Cause why sanctions should not be imposed. After hearing testimony and argument of counsel, the Court deems it appropriate that sanctions be awarded pursuant to Rule 9011, Federal Rules of Bankruptcy Procedure, against counsel for the debtors, in favor of the creditors in the amount of five hundred dollars ($500.00).


    Court: Bankruptcy Court for the Eastern District of Arkansas Docket: Bankruptcy No. 91-41393S
  14. In Re Herndon (2002)

    On January 10, 2001, David Patrick Herndon ("Debtor") filed a voluntary petition for relief under the provisions of chapter 13 of the United States Bankruptcy Code. On May 1, 2001, the Debtor converted the case to chapter 7. On December 7, 2001, the Trustee filed a report of no distribution.


    Court: Bankruptcy Court for the Eastern District of Arkansas Docket: Bankruptcy No. 01-40158M. Adversary No. 01-4082
  15. In Re Wright (2001)

    In 1991, Lee and Hurmer Wright began operating a contracting business, H.L. Wright Contractors, Inc. In 1995, H.L. Wright Contractors obtained three separate construction jobs and, as required under those contracts, obtained payment and performance bonds for the contracts from Gulf Insurance Company. The indemnity agreement signed by both Lee and Hurmer Wright, provided as follows:


    Court: Bankruptcy Court for the Eastern District of Arkansas Docket: Bankruptcy No. 99-45391S. Adversary No. 00-4090
  16. In Re International Ventures, Inc. (1997)

    This adversary proceeding is a preference action filed on August 6, 1996, pursuant to 11 U.S.C. § 547, to collect a payment that was made by the debtor to a creditor within the ninety days prior to the filing of the bankruptcy case. Block Properties VII ("Block"), having raised the "earmarking doctrine" as a defense to the preference action, at trial the primary issue was whether there was a transfer of property of the debtor.


    Court: Bankruptcy Court for the Eastern District of Arkansas Docket: Bankruptcy No. 95-43854 S, Adversary No. 96-4162
  17. In Re Booth (2009)

    Taylor, Bean, and Whitaker Mortgage Corp., MERS as Nominee [Taylor Mortgage], objected to confirmation of the plan proposed by the debtor, Gregory Lee Booth [the debtor]. A hearing was held on November 6, 2008; the parties fully briefed the issues. For the reasons stated below, Taylor Mortgage's objection to confirmation is sustained in part and denied in part. The debtor is given twenty-five days from the date of this order within which he may file an amended plan. Upon his failure to do so, [...]

    Court: Bankruptcy Court for the Eastern District of Arkansas Docket: 4:08-BK-14892
  18. In Re Price (2009)

    Now before the Court is the Motion for Default Judgment filed by the Plaintiffs on July 13, 2007. The Court entered default against Defendant America's Servicing Company ("ASC") on October 23, 2007, and subsequently denied ASC's Motion to Set Aside Default on May 23, 2008. The Court has reviewed Plaintiff's Complaint to determine if sufficient facts have been pled to justify the entry of default judgment in favor of Plaintiffs.[1] The Court finds that on some counts, sufficient facts were pled [...]

    Court: Bankruptcy Court for the Eastern District of Arkansas Docket: Bankruptcy No. 3:06-BK-15813. Adversary No. 3:07-ap-01184
  19. In Re Cappuccetti (1994)

    THIS CAUSE is before the Court upon the Motion to Dismiss, filed on April 11, 1994, by the United States of America. The United States seeks dismissal of this case for cause, pursuant to Bankruptcy Code section 707(a). Hearing on the motion was held on August 11, 1994.


    Court: Bankruptcy Court for the Eastern District of Arkansas Docket: Bankruptcy No. 94-40044S
  20. In Re Bibbs (2002)

    On June 20, 2000, Cassaundra G. Bibbs ("Debtor") filed a voluntary petition for relief under the provisions of chapter 13 of the United States Bankruptcy Code. On April 6, 2000, an Order was entered confirming her plan.


    Court: Bankruptcy Court for the Eastern District of Arkansas Docket: 4:00-BK-40266M

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