Bankruptcy Court for the Western District of Arkansas Court Cases

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  1. In Re Hopkins (1986)

    On September 24, 1985, a hearing was held on the debtors' motion to cite the Bank of Bearden (Bank) and Mr. Ricky Green (Mr. Green), President of the Bank, for contempt for violation of 11 U.S.C. § 525, the debtor discrimination statute.


    Court: Bankruptcy Court for the Western District of Arkansas Docket: Bankruptcy No. ED 85-38M
  2. In Re Cummins (1994)

    This cause came before the Court upon the trial of the complaint to determine dischargeability and objection to discharge, a core proceeding. The non-core causes of action set forth in the amended counterclaim were also tried to the Court. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157(a), 1334. Moreover, this Court concludes that the causes alleged in the complaint are "core proceedings" within the meaning of 28 U.S.C. § 157(b) as exemplified by 28 U.S.C. § [...]

    Court: Bankruptcy Court for the Western District of Arkansas Docket: Bankruptcy No. 91-16453 S. Adv. No. 92-6508
  3. In Re Penny (2000)

    Pending before the Court are a chorus of Motions to Dismiss, for Sanctions, and the Court's own Order to Show Cause.[1] For the reasons stated below, the Motions are granted and sanctions shall be imposed.


    Court: Bankruptcy Court for the Western District of Arkansas Docket: Bankruptcy No. 99-81365
  4. In Re Byrne (2007)

    Before the Court is the United States Trustee's motion to dismiss the above captioned case pursuant to 11 U.S.C. § 707(b)(3), GE Money Bank's response, and the debtor's response. The Court has jurisdiction over this matter under 28 U.S.C. § 1334 and 28 U.S.C. § 157, and it is a core proceeding under 28 U.S.C. § 157(b)(2)(A). The Court set the United States Trustee's motion to dismiss for hearing on July 24, 2007, at which time the parties requested the Court bifurcate the issues presented [...]

    Court: Bankruptcy Court for the Western District of Arkansas Docket: 5:07-BK-70507
  5. In Re Ireland (2007)

    This case is before the Court upon the Chapter 13 Trustee's objection to confirmation of a postconfirmation modified plan proposed by Ernest and Rose Ireland ("Debtors"). At issue is whether the Debtors, who have suffered a substantial reduction in income since the filing of their bankruptcy petition, are prohibited by the provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") from modifying their Chapter 13 plan to reduce payments to unsecured creditors.

    Court: Bankruptcy Court for the Western District of Arkansas Docket: 6:06-bk-70571M
  6. In Re Russell (1990)

    On July 18, 1984, Herbert E. Russell filed a voluntary petition for relief under the provisions of chapter 11 of the United States Bankruptcy Code. William R. Gibson, Esq., (Gibson) was appointed trustee on March 19, 1985, and Thomas S. Streetman, Esq., (Streetman) was appointed co-trustee on August 4, 1989. Gibson resigned as trustee as of February 20, 1990, and Streetman was authorized to act as the sole trustee.


    Court: Bankruptcy Court for the Western District of Arkansas Docket: Bankruptcy No. 84-11058M, Adv. No. 89-1511
  7. In Re Mendenhall (1985)

    A hearing was held on October 13, 1984, on the objection of General Electric Credit Corporation to debtors' Chapter 13 plan. The debtors appeared in person and through their attorney, Honorable Henry Kinslow. General Electric Credit Corporation (GECC) appeared through its attorney, Honorable Mel Sayes.


    Court: Bankruptcy Court for the Western District of Arkansas Docket: Bankruptcy No. ED 84-052M
  8. In Re Hoffman (1986)

    Charles L. Hoffman, Jr., (Hoffman) filed a voluntary petition under the provisions of chapter 7. On September 13, 1985, National Bank of Commerce of Pine Bluff (NBC) filed a pleading styled, "Objection to Discharge and Complaint to Determine Dischargeability of Debt."


    Court: Bankruptcy Court for the Western District of Arkansas Docket: Bankruptcy No. ED 85-27M, Adv. No. 85-476M
  9. In Re Garland Coal & Min. Co. (1986)

    On March 14, 1984, trustees of the United Mine Workers of America, 1950 Pension Trust, 1974 Pension Trust and 1950 Benefit Plan and Trust (1950 Benefit Trust), collectively the "Trusts" filed an involuntary petition under the provisions of chapter 7 against Garland Coal & Mining Company (Garland). On April 3, 1984, Garland filed an answer denying the allegations of the petitioning creditors. Garland filed a counterclaim for $1,000,000 as damages for allegedly filing the involuntary petition [...]

    Court: Bankruptcy Court for the Western District of Arkansas Docket: Bankruptcy No. FS 84-71M
  10. In Re Hoffman (1985)

    The issue before the Court is whether counsel for the debtors have a disqualifying conflict of interest because of their representation of the three debtors. Relevant facts pertaining to each debtor are set out below.


    Court: Bankruptcy Court for the Western District of Arkansas Docket: Bankruptcy Nos. ED 85-27M, ED 85-29M and ED 85-30M
  11. In Re Morris (2002)

    Terri Lynn Morris ("Debtor") filed this adversary proceeding on August 4, 2000, to determine the dischargeability of education loans resulting in indebtedness to the Student Loan Guaranty Foundation of Arkansas ("SLGF") and other defendants who have either defaulted or been dismissed from this action. The Debtor alleges that repaying the indebtedness to SLGF would cause undue hardship to her and her dependents.


    Court: Bankruptcy Court for the Western District of Arkansas Docket: Bankruptcy No. 00-11167M. Adversary No. 00-1517
  12. In Re Hudspeth (1988)

    On January 12, 1987, Kenneth L. Hudspeth[1] filed a voluntary petition for relief under the provisions of chapter 7 of the United States Bankruptcy Code, and Hon. William R. Gibson was appointed trustee. The debtor claimed the cash surrender value of certain insurance policies in the sum of $6,393 as property exempt from inclusion in the estate pursuant to 11 U.S.C. § 522(b)(2), Ark.Code Ann. § 16-66-209 (1987) and Ark.Code Ann. § 16-66-218(b)(7) (Supp.1987). On March 23, 1987, the trustee [...]

    Court: Bankruptcy Court for the Western District of Arkansas Docket: Bankruptcy No. HA 87-02M
  13. In Re Schmitt (1996)

    George and Patricia married in 1983 and divorced in 1991. During their marriage they accrued a large amount of credit card debt which they apportioned between them at the conclusion of their marriage. The provisions of the documents relevant to this proceeding, the divorce complaint, signed by both parties in October 1991, and the decree, filed in December 1991, provide:


    Court: Bankruptcy Court for the Western District of Arkansas Docket: Bankruptcy No. 95-16104 S. Adv. No. 95-6516
  14. In Re Guajardo (1997)

    THIS CAUSE is before the Court upon the trial of the Complaint objecting to discharge, filed on April 16, 1996. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157(a), 1334. Moreover, this Court concludes that 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)(J). The complaint states a cause of action under Bankruptcy Code section 727(a)(4). Specifically, the plaintiff alleges that the debtors made a false oath [...]

    Court: Bankruptcy Court for the Western District of Arkansas Docket: Bankruptcy No. 96-16010 S, Adversary No. 96-6512
  15. In Re Hopkins (1987)

    On September 24, 1985, this Court conducted a hearing on the debtors' complaint to cite the Bank of Bearden (Bank) and the Bank's president, Ricky Green, for contempt for violating 11 U.S.C. § 525, the debtor antidiscrimination statute. The Court entered its memorandum opinion on August 5, 1986, holding that the Bank had violated 11 U.S.C. § 525(b). However, the Court denied without prejudice the complaint for contempt, but allowed the debtors to amend their complaint to seek the appropriate [...]

    Court: Bankruptcy Court for the Western District of Arkansas Docket: Bankruptcy No. ED 85-38M
  16. In Re Luton (2007)

    Before the Court is the Chapter 13 Trustee's objection to confirmation of the plan proposed by Constance A. Luton ("Debtor"), who filed a voluntary petition for relief under the provisions of Chapter 13 of the United States Bankruptcy Code on April 8, 2006.


    Court: Bankruptcy Court for the Western District of Arkansas Docket: 6:06-bk-70629M
  17. In Re Pulley (1996)

    THIS CAUSE is before the Court upon the creditor Jerry Langfitt's Motion for Relief from Stay. The parties have submitted stipulated exhibits and briefs on the issues. In July 1993, the creditor Jerry Langfitt ("Langfitt") obtained a judgment against the debtor in the amount of $131,360.61 from the Superior Court of the State of California. Purportedly unaware of this debt, the debtor did not list this debt on his bankruptcy petition, filed on May 11, 1993. Unaware of the bankruptcy, Langfitt [...]

    Court: Bankruptcy Court for the Western District of Arkansas Docket: Bankruptcy No. 93-16199 S
  18. In Re Bodenstein (2000)

    Pending in the above-captioned adversary proceeding is Defendant National Home Centers, Inc. ("Defendant"; "NHC")'s April 21, 1999, Motion for Summary Judgment. The Motion asserts that this action is barred on statute of limitations grounds. For the reasons stated below, and by separate Order, Defendant's Motion is granted and this adversary proceeding is dismissed.


    Court: Bankruptcy Court for the Western District of Arkansas Docket: 96-81148
  19. In Re Mathis (2000)

    Pending before the Court is a complaint filed by Jill Jacoway, Trustee (the trustee or plaintiff), against Bobbie Gene Mathis (Mathis, the defendant, or debtor). The complaint, pursuant to 11 U.S.C. § 727(a)(2)(A), alleges that Mathis concealed or transferred property of the estate within one year prior to the filing of his chapter 7 bankruptcy with the intent to hinder or defraud creditors of the bankruptcy estate. The property that was allegedly concealed or transferred consisted of (1) real [...]

    Court: Bankruptcy Court for the Western District of Arkansas Docket: Bankruptcy No. 99-80593. Adversary No. 99-8069
  20. In Re Miller (2008)

    The specific issue before the Court in the above captioned cases relates to the debtors' proposed payments to unsecured creditors in each of the debtors' respective plans. Each case has in common the following factors: (1) the debtors all have incomes above the median family income for the state of Arkansas., (2) the debtors' plans do not propose to pay into the plan for the benefit of unsecured creditors either (i) the monthly disposable income as determined by Form B22C (the means test), or [...]

    Court: Bankruptcy Court for the Western District of Arkansas Docket: 5:06-bk-72691, 5:06-bk-72775, 5:07-bk-71183, 5:07-bk-71444, 5:07-bk-71517

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