USBC- Orders, Rules, & Opinions, Opinions, Mixon

<%@LANGUAGE="JAVASCRIPT" CODEPAGE="1252"%> USBC- Orders, Rules, & Opinions, Opinions, Mixon

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Opinions/Orders
for Judge James G. Mixon

Indexes of Researched Opinions & Orders (1984 - October 12, 2007)
for the Honorable James G. Mixon 1.17MB

Date Entered	Last Name	Description
6/16/08	Hamilton	The Court found that the debts incurred by the Debtor were excepted from discharge because they were incurred by the Debtor's willful and malicious injury to the Plaintiff's horses; furthermore, the Court denied the Debtor's discharge for making numerous misrepresentations on his bankruptcy petition.
5/8/08	American Pan	The Trustee was not able to avoid the two transfers made within the preference period because the Defendant proved by a preponderance that they were made within the ordinary course of business pursuant to 11 U.S.C. 547(c)(2)(2005).
3/13/08	Colclasure	The Chapter 13 Trustee objected because the plan no longer proposed to pay unsecured creditors 100 percent after the above median income chapter 13 debtors experienced a drop in income; the Court sustained the objection holding that the debtors were required by BAPCPA to calculate their monthly disposable income using the calculation from Form 22C.
2/1/08	Robinson	Court found Debtor Tommy Robinson in criminal contempt for asking permission to file lawsuits against the Trustee, Debtor's former partners, and their attorney; proposed suits were Debtor's attempt to relitigate issues already settled by the Trustee and to interfere with the Trustee's administration of the case in violation of a court order.
2/1/08	Williams	The attached guttering system was held to be a consumer good and not a fixture because the parties' agreement controlled; therefore, the creditor's security interest was perfected without filing pursuant to Arkansas Code Section 4-9-309(1).
9/27/07	Meyers	By operation of law, the interim trustee in a converted Chapter 7 case became trustee at the meeting of creditors because no other trustee was elected; therefore, under the statute of limitations, the trustee had one year after the meeting of creditors to file his preference action.
8/29/07	Robinson	Pursuant to Bankruptcy Rule 9011, the Court assessed monetary sanctions against the Debtors' two attorneys who sought retroactive relief from stay to pursue a cause of action already filed in state court by one of the attorneys; the Court held that the cause of action was property of the estate and had been previously settled by the Trustee, a fact known by both attorneys. Also pursuant to Bankruptcy Rule 9011, the Court assessed monetary sanctions against one of the two attorneys for allegations lacking factual support in a frivolous counterclaim and her subsequent advocacy of those allegations despite the fact that she had dismissed the counterclaim with prejudice.
7/30/07	Wilson	Debtors who are above the state median income, pursuant to the BAPCPA's section 707(b)(2)(A)(ii)(i), are allowed to deduct the standard vechicle ownership expense, regardless of whether the debtor is obliged to make a lease or loan payment for the vehicle.
7/9/07	Robbins	Due to the Debtor's diagnosed mental condition and past employment history, Debtor's possible future financial resources are inadequate to cover payment of his student loan debt while allowing for a minimal standard of living; therefore, the Court ruled that excepting the student loan debt from discharge would cause the Debtor undue hardship.
6/6/07	Belcher	A Chapter 13 plan may not be modified pursuant to §1329 to change the treatment of a claim from secured to unsecured; BAPCPA’s hanging paragraph found under §1325 does not change this rule.
5/17/07	Robinson/Wildlife Farms	Because of material omissions and false statements on schedules and statements of financial affairs, husband and wife debtors in involuntary Chapter 7 cases were denied a discharge.
5/14/07	Breeding	The Court denied the Chapter 13 Trustee's objection to confirmation because proceeds from the Debtors' redemption of certificates of deposit owned pre-petition did not constitute disposable income; the Court sustained the Trustee's objection to the plan proposing to pay the Debtors' mobile home creditor outside the plan.
5/2/07	James	A family-owned partnership held a landlord's lien in the Debtor's crops that had priority over the bank's lien created by a perfected security interest in the same crops.
4/17/07	Robinson	The Court found the Chapter 7 Debtor to be in criminal contempt for filing a state court action that Debtor knew to be property of the estate and previously settled by the Trustee.
4/2/07	Ireland	Debtors suffering loss of income after the bankruptcy filing would not be required to use "current monthly income", a pre-petition, fixed figure, to calculate their reduced plan payments proposed in the Debtors' post-confirmation modification of plan.
3/8/07	Luton	Confirmation would be denied to proposed Chapter 13 plan that impermissibly provided the option of completing plan payments prior to the conclusion of the three-year "applicable commitment period".
3/8/07	Curtis	Upon the Trustee's objection to motions for relief from stay filed by two creditor banks, the court found there was no equity in the collateral for the Trustee to administer. Further, the creditors held valid security interests in the collateral that belonged to a farm partnership and not the debtors, and the security interests were properly perfected under state law dealing with farm equipment and crops.
1/11/07	Tyson	Statute does not permit the Chapter 13 Trustee to propose a modification of plan prior to initial confirmation; moreover, the Trustee may not use a motion or a response to a motion as a belated attempt to object to the Debtor's allowed homestead exemption.
1/9/07	Dwiggins	Oversecured creditor could be reimbursed for attorney's fees incurred for bankruptcy-related services and defense of Debtors' state court appeal because attorney's fees incurred to collect the debt were provided for in the agreement between the parties.
12/15/06	Hurst	The Court granted summary judgment dismissing the debtor's complaint that alleged damages for violation of the automatic stay by car creditor who filed an incorrect proof of claim. The Court characterized the complaint as frivolous in that filing a proof of claim, even incorrectly, is never a stay violation.
12/7/06	Gatlin	The pre-bankruptcy foreclosure sale of the Debtor's residence was invalid because the notice of default did not include the correct address of the property.
11/9/06	Fritschen	The Debtor's nonsupport obligations allocated by a divorce decree would be discharged because the Debtor proved he was unable to pay the debt.
11/3/06	Bonnett	Mortgage on the Debtor's homestead did not secure the Debtor's subsequent debt to mortgagee; the debt was unrelated to the original purchase money note secured by the mortgage, and the mortgage's subsequent advance clause did not unequivocally state that it secured all classes of subsequent advances.
10/25/06	Harrison	Overruling the Debtor's objection, the Court confirmed the Chapter 13 Trustee's modified plan proposing to distribute lawsuit settlement proceeds to unsecured creditors.
10/25/06	Moore	Chapter 13 Debtors could surrender collateral in full satisfaction of secured creditor's claim because the claim was fully secured by an automobile purchased within the 910-day period preceding the the bankruptcy filing.
10/10/06	Morgan	Court ordered Chapter 13 Trustee and Debtors to reimburse the estate proceeds of lawsuit settlement that were refunded to Debtors by the Trustee without authority.
10/3/06	Morgan	Court denied Debtors' complaint for turnover; Trustee correctly distributed proceeds of lawsuit settlement to unsecured creditors pursuant to confirmed plan.
8/25/06	Beene	The Court sustained the Chapter 13 Trustee's objection to confirmation of plan because the unsecured creditors would receive a greater distribution in a Chapter 7 liquidation.
8/11/06	Boyd	The Court determined that contractor-debtor's discharge would be denied for concealing property and making false oaths or accounts on his bankruptcy petition and schedules.
7/6/06	Lee	The Court ruled that excepting student loan debt from discharge would cause the Debtor and her dependents undue hardship; therefore, debt was determined to be dischargeable.
6/5/06	Scruggs	The Court sustained the objection of "910" car creditor to confirmation of plan and gave the debtors 20 days to file a modified plan to pay the entire balance of the claim as of the petition date, plus interest at the rate of 8% per annum over the life of the plan.
5/23/06	Cobb	The Court dismissed the case because the Debtors failed to meet the threshold requirement that the statement of exigent circumstances discussed in 11 U.S.C. section 109(h)(3)(A) be made by a certification.
4/4/06	May	The Court determined that the extent of impairment on the Debtors' homestead exceeds the judicial lien. Therefore, the lien is avoidable in its entirety.
3/21/06	Warren	The Court overruled the Trustee's motion to dismiss and granted the Debtor's motion to enlarge time to file a credit counseling certificate because the Debtor obtained credit counseling prior to filing his voluntary petition for relief under the provisions of Chapter 13.
3/10/06	Lybrand	The Court sustained the objection of the IRS to confirmation of the plan and relaxed the stay to permit the IRS to set off a prepetition tax refund against the prepetition tax liability of its choice.
3/10/06	Wallace	The Court dismissed Debtor's voluntary Chapter 13 petition because she did not satisfy the statutory requirements of 11 U.S.C. §109(h).
3/1/06	Torelli	The Court denied confirmation of family farmer's Chapter 12 plan because the plan failed to pay a secured creditor the present value of the creditor's claim and because the plan was not feasible in other respects.
12/19/05	Gosnell	Court sustained objection to Debtors' claim of exemption of IRA funds that were not reasonably necessary for support.
12/13/05	Starks	Purchaser of Debtor's home at foreclosure sale was not bound by subsequent confirmed Chapter 13 plan treating home as property of the estate because purchaser had no notice of its plan treatment. The Court abstained from deciding the state law issue of whether the foreclosure sale should be set aside because of alleged irregularities.
07-07-05	Thomas	Granting the Trustee's motion for turnover of the Debtor's IRA and insurance annuity, the Court held that both accounts were property of the estate. Further, the Debtor's estranged wife held an inchoate right to some portion of the property that would not become a vested interest until the property was divided by the state court upon divorce. Therefore, since the property had not been divided prior to the bankruptcy filing, the estranged spouse's interest did not supersede the interests of the Debtor's other creditors.
06-16-05	Crews	Where Debtor was unable to obtain insurance on his residence as required by contract for sale of residence and Seller did not object to lack of insurance and continued to accept payments under the contract for eight years, Seller waived the right to object or was equitably estopped from asserting the breach and causing a forfeiture.
06-01-05	Kogut	The Court overruled creditors' objection to confirmation where the evidence did not establish that the sales tax debt at issue was the type of obligation entitled to priority treatment in the Debtor's Chapter 13 plan.
05-11-05	Bailey	Applying Missouri state law adopting UCC 1-201(37) that defines "security interest," the Bankruptcy Court ruled that a transaction between the Debtor-Lessee and the Lessor was actually a disguised sale and not a lease of equipment.
04-12-05	Parker	School teacher could not repay student loan debt of $69,000.00 without undue hardship; therefore, the debt would be discharged.
03-07-05	Owens	Bank did not reasonably rely on the Debtors' false financial statement; therefore, debt to bank was dischargeable.
02-18-05	Keller	The court denied Debtor's discharge for failure to keep records sufficient to determine financial condition.
01-27-05	Merayo	Depending on the circumstances "dismissal with prejudice" may mean dismissal of a case with a bar to refiling pursuant to Section 109(g) or dismissal with a longer or permanent bar to refiling.
01-19-05	Whitson	Debtors were entitled to exempt personal injury settlement proceeds as loss of future earnings because the Trustee failed to show which portion of the proceeds were compensation for non-exemptible damages.
01-05-05	Harrell	State's claims for delinquent taxes in Chapter 13 case were not entitled to priority treatment under 11 U.S.C. Sections 507(a)(8)(A)(iii) and 523(a)(1)(B)(ii).
11-16-04	Watson	Under 11 U.S.C. Section 523(a)(18) and Title IV of the Social Security Act, Debtor could not discharge debts for child support even though scientific evidence proved the Debtor had been erroneously adjudicated the father in two separate paternity proceedings in state court.
10-15-04	Smith	Amended Order for order entered on 9-20-04.
09-27-04	Hoffinger Industries, Inc.	Attorney's fees were not available to the Debtor which prevailed in an adversary proceeding under a cause of action sounding in tort and not in contract.
09-27-04	Marlar	On remand from the District Court, Bankruptcy Court found that experienced bankruptcy practitioner's attorney's fee rate was reasonable and that the number of hours he spent in representing the trustee were necessary and beneficial to the estate.
09-20-04	Smith	Lessor was entitled to administrative expense for rents due before the Chapter 13 Debtor rejected the lease; Debtor's confirmed plan treating Lessor's claim for rents as general unsecured debt did not give Lessor sufficient notice of its treatment and, thus, principles of res judicata did not bar the administrative claim.
09-14-04	Mancle	Bank's mortgage was not extinguished by alleged pay off of original indebtedness when other advances by the Bank to the Debtors were also secured by the mortgage lien.
07-22-04	Price	Structured Investments v. Price 4:03-ap-1258 The Court denied plaintiff summary judgment because the underlying contract upon which the claims were based presented the issue of unconscionability, a mixed question of fact and law to be determined on the merits.
06-15-04	NATIONAL HYDRO-VAC INDUSTRIAL SERVICES, L.L.C	Creditor selling some of Debtor's equipment to third party pre-petition was entitled to set off most of sale proceeds against debt to creditor. However in a subsequent sale where the creditor acted as broker of a piece of Debtor's equipment, the creditor was a fiduciary and committed conversion in refusing to remit sale proceeds to the Debtor.
04-16-04	Rinehart	In re Hoffinger Industries President of Debtor-In-Possession ordered to turn over funds improperly reimbursed for expenses or paid to President without authority.
02-18-04	Grant	Student loan held nondischargeable under "totality of circumstances" test
12-18-03	Jarrett	Court dismisses complaint to determine dischargeability of debt arising from the debtor's intentional acts of discrimination while debtor served on county election commission.
11-12-03	Ramey	Chapter 13 confirmation order is res judicata as to plan's treatment of liens except where lien creditor did not get adequate notice of the plan treatment.
09-11-03	Griffin-Sexton	Attorney Diane Sexton sanctioned pursuant to Rule 9011 for filing frivolous pleadings and a fraudulent attorney's fee application.
08-22-03	Riley	"Contemporaneous Exchange" defense. Preference payments to creditor were not insulated by "contemporaneous exchange" defense; other possible affirmative defenses were not pleaded.
06-25-03	Evans	Bank and its two employees were not sanctioned under Rule 9011 for testimony they gave in previous bankruptcy hearings; contrary to allegations of the Debtor, the witnesses' statements were consistent with that given at the subsequent criminal trial of the Debtor.
05-16-03	Vincent	Amount of creditor's allowed claim, which differed from the amount to be paid under a confirmed plan, prevailed over the plan amount because the debtor's objection to the claim was overruled as a discovery sanction.
05-06-03	Roberts	Under Section 544, the Trustee avoided Bank's unperfected security interest in vehicle.
04-10-03	Chambers	Debtor's homestead outside city limits was urban in character.
04-02-03	Mid-South Auto Brokers, Inc.	Debtor's payments to Bank pre-bankruptcy did not result in fraudulent conveyances or preferences.
04-01-03	McDonald	Court denies motion for summary judgment based on judicial estoppel.
02-24-03	Cates	Dischargeablility of Tax Debt under Section 523(b).
02-18-03	Marlar	Under the Eighth circuit mandate, Court disallowed claim of lien in sale proceeds by former spouse of Debtor.
02-06-03	Sturdivant	Property settlement debt owed to former spouse was non dischargeable.
12-04-02	Smith	Case dismissed when debtor failed to meet burden of proof under section 109(g).
11-29-02	Crawford, ACE Sports	Priority of conflicting security interests under the Uniform Commercial Code.
10-25-02	Burnett	Child support arrearage non dischargeable despite state court's previous payment.
09-25-02	Toombs	Denial of summary judgment as to whether bank's security interest attached pre petition to government payments.
09-06-02	Anderson	Pre petition judgment voided by section 524(a) cannot be basis for a lien in property acquired post bankruptcy.
08-23-02	Brown J.	Judicial foreclosure sale is not complete prior to Debtor's bankruptcy because the confirmation of sale is not filed.
08-20-02	Bibbs	A hot check prosecution is not subject to the automatic stay; Debtor's remedy is an injunction.
06-06-02	Zenone	Amendment to exemptions prohibited.
05-20-02	Morris	One of seven student loans held dischargeable because of undue hardship.
05-17-02	White Rock, Inc.	Denial of administrative expense to creditor whose expenditures neither preserved estate nor arose from debtor's.
05-16-02	Herndon	Debt ruled non dischargeable for defalcation by fiduciary.
02-28-02	Hoffinger	Automatic stay annulled retroactively to validate previously filed notice of appeal in a state court action.
02-14-02	Tainter	Debt arising out of sale of business held dischargeable; fraud not present under 5239(a)(2)(A).
01-22-02	Masters	Filing mistake by Clerk's office did not result in loss of perfection by secured creditor.
01-02-02	Ault	Debtor could discharge debts in chapter 13 despite denial of discharge in prior chapter 7 case.
12-02-01	Ruiz	One of two student loans held dischargeable because of undue hardship.
11-16-01	Morris	Debtor's dischargeability against state was barred by eleventh amendment.
09-20-01	Harris, Jr.	Farmer's debts non dischargeable under 523(a)(2)(A).
07-20-01	Brown L.	Pre-petition assignment of lease by Debtor was not fraudulent conveyance.
07-05-01	Whisenant	Expense not in contempt for enforcing reaffirmation agreement.
06-15-01	Price	Debt arising from gunshot wound was not willful and malicious injury under 523(a)(6).
05-24-01	National Hydro-Vac	Relief from stay to terminate bank card agreement denied under 365.
04-19-01	Johnson	Debtor does not have absolute right to convert to Chapter 13 under 706 (a).
03-27-01	Black	Wholly unsecured second mortgage not entitled to anti-modification protection under 1322(b)(2).
03-09-01	Busby, Jr.	Creditor's security interest in Debtor tools was impaired exemption under 522 (f)(2)(A).
12-07-00	Jackson	Banks' lien on truck avoided by Trustee.

Opinions/Orders for Judge James G. Mixon

Opinions/Orders
for Judge James G. Mixon