Debtor held in criminal contempt for filing 10th bankruptcy petition in willful violation of a prior court order dismissing Debtor's 9th bankruptcy petition and prohibiting any further bankruptcy filings by Debtor for a two-year period. In re Webb, 308 B.R. 357 (Bankr. E.D. Ark. 2004).
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Opinions
Notice: Not all of the Judges Opinions will be made available on this site. Individual Judges have the option of specifying that all, some or none of their opinions be posted.
Audrey R. Evans
The Court found that the automatic stay protected Debtors' equitable interest in real property even though it was titled in the name of a Limited Liability Company ("LLC") created by one of the Debtors. The Debtors did not intend for title to be held solely in the name of the LLC and only created the LLC because they believed it was a requirement for closing on the property. In re Ealy, 307 B.R. 653 (Bankr. E.D. Ark. 2004). Affirmed on appeal by United States District Court for the Eastern District of Arkansas (Wright, J.) and the Eighth Circuit Court of Appeals.
Based on out-of-state attorney's failure to pay previously assessed contempt fine, the Court prohibited him from filing any further pleadings in Arkansas Bankruptcy Courts and directed Clerk of Court to return any further pleadings from that attorney until such time as fine is paid with post-judgment interest. In re Tubbs, 302 B.R. 290 (Bankr. E.D. Ark. 2003)
Security interests found avoidable by Chapter 7 Trustee. ATVs and mobile homes (whether affixed to real property or not) are subject to Arkansas' vehicle titling statute (Ark. Code Ann. §§ 27-14-801 - 27-14-807); accordingly, creditor's security interests in mobile home and ATV were not perfected because Defendant did not comply with the requirements of the vehicle titling statute and have its liens noted on the mobile home and ATV’s certificates of title. Rice v. Simmons First Bank of Searcy (In re Renaud), 302 B.R. 280 (Bankr. E.D. Ark. 2003). Affirmed on appeal. See In re Renaud, 308 B.R. 347 (8th Cir. B.A.P. 2004).
Objection to confirmation overruled; creditor had only unsecured claim in bankruptcy where collateral securing creditor's claim was lost prior to plan confirmation.Not selected for publication.
Dismissal for cause under Sec. 707(a) warranted in light of sheer number of bankruptcy filings (10 prior filings), the bases for their dismissal, the minimal time gap between dismissal and refiling in a number of Debtors' previous petitions, Debtors' patently false statements on their current petition, and overall abuse of the bankruptcy process. Debtors barred from refiling under any chapter of the Bankruptcy Code for 8 years. Not selected for publication.
Judge Richard D. Taylor
For purposes of claims estimation, unknown class of persons who may sustain injuries in the future not appropriate class.
Court can abstain from non-core related to case when all asserted actions are based on state law.
Divorce decree ordering "lump sum alimony" to be paid in monthly installments, and distinguished from rehabilitative and permanent periodic alimony, found to be nondischargeable alimony under section 523(a)(5).
Law of the case is a discretionary doctrine, the primary purpose of which is to prevent relitigation of settled issues in a case. Value of the non-exempt portion of indivisible homestead property that exceeds area allowed by Arkansas Constitution to be determined based on value of the land in its unimproved state and then determining value per square foot of the non-exempt portion.