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Summary: 95 B.R. 102 (1988) In re Tony PATE, Debtor. [1] By Warranty Deed, dated September 3, 1984, the debtor's father and mother deeded in fee simple the property in question to the debtor, his two brothers and his sister as tenants in common. Vernon Pate, a brother of the debtor, testified at the hearing concerning the financial relationship between the debtor and his father. The debtor also failed to prove the third factor: that the debtor as head of the family is one in authority where the relations......read more.


Summary: 155 B.R. 201 (1993) In re Annette KILKER. April 19, 1993. Kilker v. Internal Revenue Service, 145 B.R. 300 (Bankr.W.D.Ark.1992). The United States objected to the motion to convert asserting that debtor is ineligible to be a debtor under Chapter 13 because the motion was filed in bad faith and solely for purposes of delay. The United States asserts that the debtor is ineligible for Chapter 13 relief because the motion is filed in bad faith and because the debtor does not have regular income. See......read more.


Summary: 166 B.R. 885 (1994) In re JONES TRUCK LINES, INC., an Arkansas Corporation, Debtor-in-Possession. JONES TRUCK LINES, INC., Plaintiff, v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND; Central States, Southeast and Southwest Areas Health and Welfare Fund; Corestates Bank, N.A. as Lender and as Agent for Midlantic National Bank, Continental Bank, and Wilmington Trust Company, Defendants. On April 30, 1993, Jones Truck Lines, Inc., (the Debtor), filed a complaint to recover alleged pre......read more.


Summary: 330 B.R. 741 (2005) In re GRAYCARR, INC., Debtor. Before the Court is a Motion For Imposition of Automatic Stay, Motion For Dissolution *743 of Garnishment, Motion to Disallow or Subordinate Claim, and Motion For Sanctions and Punitive Damages filed by Jill Jacoway, chapter 7 trustee [the trustee], on June 9, 2005; and the United States' Opposition to Trustee's Motion For Imposition of Automatic Stay, Motion For Dissolution of Garnishment, Motion to Disallow or Subordinate Claim, and Motion For ......read more.


Summary: 18 B.R. 851 (1982) In re Henry W. MUELLER and Bonnie I. Mueller, Debtors. NEWTON COUNTY BANK, JASPER, ARKANSAS, an Arkansas Corporation, Plaintiff, v. Henry W. MUELLER and Bonnie I. Mueller and A.L. Tenney, Trustee, Defendants.


Summary: 75 B.R. 746 (1987) In re John SANDERS and Mary Ellen Sanders, Debtors. Mary Ellen SANDERS, Plaintiff, v. STEPHENS SECURITY BANK, Defendant. On November 1, 1984, John and Mary Ellen Sanders filed a joint voluntary petition for relief under the provisions of chapter 11. On May 6, 1985, Mrs. Sanders filed this complaint to set aside Stephens Security Bank's (Stephens) claim of lien on a certificate of deposit and to determine that Mrs. Sanders' liability on a note had been discharged. In order to s......read more.


Summary: 29 B.R. 54 (1982) In re Charles Glenn WILSON and Carolyn Sue Wilson, Debtors. Charles Glenn WILSON and Carolyn Sue Wilson, Plaintiffs, v. INTERNAL REVENUE SERVICE, Defendant. At the time of the filing of their bankruptcy petition this liability had grown to $510.20, in which amount the I.R.S. had properly filed a claim, to which no objection has been raised by the debtors. Alternatively, the defendant maintains that a pro-rata setoff of the indebtednesses should be permitted by the Court in ligh......read more.


Summary: 172 B.R. 602 (1994) In re JONES TRUCK LINES, INC., an Arkansas Corporation, Debtor. JONES TRUCK LINES, INC., Plaintiff, v. IXL MANUFACTURING COMPANY, INC., Exod Industries Division, Hartwell Brothers Division, Defendants. On the July 9, 1991, Jones Truck Lines, Inc. (Jones) filed a voluntary petition for relief under the provisions of Chapter 11 of the United States Bankruptcy Code. Jones alleges that an audit of shipments handled by Jones for the defendant revealed that the defendant had underp......read more.


Summary: 81 B.R. 500 (1987) In re NWFX, INC., Debtor. The Complaint noted and described NWFX's involvement in the money orders and referenced NWFX's bankruptcy filing, but did not name NWFX as a party. Paragraph 10 of the Complaint for Injunctive Relief stated: Sometime after August 7, 1986, but before August 19, 1986, plaintiff Holderman received and read plaintiff's Exhibit F [this Bankruptcy Court's August 7, 1986 Emergency Order] which caused him to believe that NWFX, Inc., was insolvent and was the ......read more.


Summary: 279 B.R. 240 (2002) In re Ronnie A. TERRY, Debtor. ORDER DENYING DEBTOR'S MARCH 4, 2002, AMENDED CHAPTER 13 PLAN AND OVER-RULING IN PART AND GRANTING IN PART OBJECTIONS TO DEBTOR'S EXEMPTIONS AND DENYING DEBTOR'S EXEMPTION CLAIM AS TO HIS 1/5 INTEREST IN 80 ACRES OF LAND ROBERT F. FUSSELL, Bankruptcy Judge. I. BACKGROUND, JURISDICTION, AND FINDINGS OF FACT Pending before the Court is an amended chapter 13 plan [the plan] filed by the debtor, Ronnie A. Terry. The following is a chronology of what......read more.


Summary: 172 B.R. 47 (1994) In re Orvil Lee and Margaret E. GIBSON. The debtor, Orvil Lee Gibson, the target of the state court litigation, objects to the case being reopened and any alteration of the discharge injunction on the grounds that it would be costly for him to defend any action in the Arkansas state courts, even if he is only nominally named in the lawsuit.


Summary: 369 B.R. 470 (2007) In re Joe and Cheri WILLIAMS, Debtors. Before the Court is the Trustee's Motion For Summary Judgment filed on March 27, 2007, and the Debtor's Response to Trustee's Motion For Summary Judgment and Request For Partial Judgment and Opportunity to Amend Schedules B & C filed on April 13, 2007. After the trustee objected to the debtors' use of the federal exemptions pursuant to § 522(b)(3)(A), the debtors amended their schedule C and elected the exemptions available to them under......read more.


Summary: 156 B.R. 615 (1993) In re NATIONAL TRANSPORT SERVICES, INC., d/b/a Hi-Way Express, Inc., Debtor. James F. DOWDEN, Trustee for National Transport Services, Inc., Plaintiff, v. HARPER, YOUNG, SMITH and MAURRAS, an Arkansas General Partnership, Don A. Smith, Tom Harper, Jr., S. Walton Maurras, Robert Y. Cohen, II, its General Partners, Defendants. On January 26, 1990, National Transport Services, Inc., d/b/a Hi-Way Express, Inc., (the debtor) filed a voluntary petition for relief under Chapter 11 o......read more.


Summary: 127 B.R. 215 (1990) In re Walter John GILLER, Jr., Debtor. On July 11, 1989, Walter John Giller, Jr., (debtor) filed a voluntary petition for relief under the provisions of chapter 11 of the United States Bankruptcy Code. The FDIC specifically objected to the debtor's claim of homestead exemption, the debtor's claims of exemption for personal property and the IRA, and the debtor's claim of exemption for the combined partnership interest. § 16-66-218 provides in relevant part as follows: (a) The ......read more.


Summary: 70 B.R. 164 (1986) In re M.L. GREEN and Frances Thurmond Green, Debtors. N.Y.1980) (plan proposed to pay unsecured claim co-signed by debtor's sister 100%, and other unsecured creditors received nominal payment); In re Gibson, 45 B.R. 783 (Bkrtcy.N.D.Ga.1985) (plan proposed to pay an unsecured creditor's claim of $4,814.72 as a fully secured claim because debtor had sold the mortgaged collateral and to pay other unsecured creditors 6%); In re Perkins, 55 B.R. 422 (Bkrtcy.N.D.Okla.1985) (plan pro......read more.


Summary: 65 B.R. 495 (1986) In re Thomas H. McDOUGAL and Ethel McDougal, Debtors. On January 13, 1986, the trustee in the above-captioned estates filed her objection to the secured status and amount of the claim of Northwest Tire Service, Inc. ("Northwest") to certain insurance proceeds derived from a fire insurance policy from State Farm Fire Insurance owned by debtor Thomas H. McDougal. In 1983 prior to June 30, 1983 Thomas H. McDougal and Ethel McDougal, debtors, were divorced.


Summary: 166 B.R. 338 (1994) In re Larry CUMMINS. Thomas E. HAYS, Jr.; Larry Cummins Chevrolet, Inc.; Cummins Chevrolet & Geo, Inc.; and Coke Chevrolet Company, Plaintiffs, v. Larry CUMMINS, Defendant. Larry CUMMINS, Counterclaimant, v. Thomas E. HAYS, Jr.; Larry Cummins Chevrolet, Inc.; Cummins Chevrolet & Geo, Inc.; and Coke Chevrolet Company, Counterclaim Defendants. I. NATURE OF THE PROCEEDING From 1989 through 1991, Larry Cummins ("Cummins") and Thomas E. Hays, Jr. ("Hays") entered into various agre......read more.




Summary: 179 B.R. 582 (1995) In re James E. and Martha P. WARWICK. THIS CAUSE is before the Court upon the Motion to Lift Automatic Stay, filed on September 19, 1994, by the United States of America, and the debtors' Objection to Secured Claim of Internal Revenue Service, filed on January 17, 1995. See In re Whitaker, 173 B.R. 359, 361 (Bankr.S.D.Ohio 1994); see also In re Metco Mining and Minerals, Inc., 171 B.R. 210, 216 (Bankr.W.D.Pa.1994). Lawrence v. Comm'r (In re Lawrence), 19 B.R. 627 (Bankr.E.D.A......read more.


Summary: 313 B.R. 439 (2004) In re Dennis R. and Christine SEARCY, Debtors. On June 9, 2004, the debtors filed an Objection to Order Granting Relief From Automatic Stay and Motion to Set Aside Nonjudicial Foreclosure Sale. The issue before the Court is whether Wells Fargo's March 22, 2004, nonjudicial foreclosure sale should be set aside based on the reinstatement of the debtors' bankruptcy case on March 26, 2004. On February 27, 2004, the debtors filed a motion to reinstate the case, which was granted o......read more.