Case law

Carlin v. Rogers District Court (In Re Carlin)

274 B.R. 821 · United States Bankruptcy Court, W.D. Arkansas · Mar 8, 2002

Fed.R.Civ.P. 56(c). 1 The burden is on the moving party to establish the absence of a material fact and identify portions of the pleadings, depositions, answers to interrogatories, admissions on file, and affidavits that … as a matter of law because its action qualifies as an exception under 11 U.S.C. § 362 (b)(1), which specifically excepts the commencement or continuation of a criminal action or proceeding against the debtor from operation

In re Alsofari

588 B.R. 58 · United States Bankruptcy Court, E.D. Arkansas · Dec 14, 2017

The facts in the Haugen case, however, clearly demonstrate a level of participation that far exceeds that by Mr. Ahmed. … pay the claim in his plan, were sufficient to establish an informal proof of claim.

In Re Hartman

115 B.R. 171 · United States Bankruptcy Court, W.D. Arkansas · Jun 1, 1990

In In re Rodriguez, 82 B.R. 74 (Bankr.W.D.Ark.1987), this Court held that, even though an ERISA-qualified plan did not fall within the section 541(c)(2) exception, the anti-alienation provision of the plan could qualify, … The numerous decisions discussing ERISA-qualified plans and traditional spendthrift trusts do not clearly distinguish whether a spendthrift trust is property of the estate but only of nominal value because the anti-alienation

McGraw v. Collier (In re Collier)

497 B.R. 877 · United States Bankruptcy Court, E.D. Arkansas · Sep 3, 2013

However, the evidence clearly shows that the LLC knew its own net worth and also knew that it did not qualify as an Accredited Investor. … Clearly, the aim was to mislead the Debtor and his level of employees as long as possible. Apparently, the Debtor himself was deceived.

Schieffler v. Pryor (In re Baldwin)

184 B.R. 558 · United States Bankruptcy Court, E.D. Arkansas · Apr 12, 1995

Said actions by the trustee and Baldwin were clearly taken only for the purpose of attempting to extract additional monies from the defendants without legal basis or justification. … to determine the issue of immunity. .

In Re Stevens

177 B.R. 619 · United States Bankruptcy Court, E.D. Arkansas · Jan 24, 1995

(The nonmov-ant may not rely on the allegations or denials in its pleadings to establish a genuine issue of fact, but must come forward with an affirmative showing of evidence). … It is clearly the better course for debtors to list all property in which they have an interest, even though it may not be property of the estate.

Seay v. United States (In re Seay)

369 B.R. 423 · United States Bankruptcy Court, E.D. Arkansas · May 16, 2007

Finally, no litigation or administrative costs may be awarded under § 7430 for those fees and costs incurred before a “qualified offer” is made (this limitation is discussed more thoroughly herein) if the United States establishes … The affidavits alone do not establish that there is a shortage of qualified tax attorneys to handle the tax issues, or a shortage of qualified bankruptcy attorneys to handle the bankruptcy issues; the affidavits do show that

Walters v. Sherwood Municipal Court (In Re Walters)

219 B.R. 520 · United States Bankruptcy Court, W.D. Arkansas · Apr 6, 1998

Moreover, there is no issue of sovereign immunity in this ease because Eleventh Amendment immunity does not extend to independent political subdivisions such as counties and cities. Lincoln County v. … The state courts, like all creditors, must comply with the federal law established in title 11. See U.S. Const. Art. 6, § 2. D.

Miller-Claborn Distribution, Co. v. Richard (In Re Richard)

165 B.R. 642 · United States Bankruptcy Court, W.D. Arkansas · Mar 28, 1994

Even had the plaintiff established that it was unable to timely unearth the facts asserted.in support of its position, those facts do not compel the conclusion that fraud, required by the statute, existed. … Although the debtor’s schedules clearly contain material omissions, the Court cannot find the requisite fraudulent intent qualifying them as false oaths which would result in a denial of discharge. 2 Accordingly, to the extent

In re Morris

340 B.R. 78 · United States Bankruptcy Court, W.D. Arkansas · Mar 13, 2006

The Arkansas Supreme Court has established three factors that are important in determining whether a claimant qualifies as head of household: “(1) the existence of an obligation upon the claimant to support others residing … And, the Debtor clearly is an Arkansas resident for purposes of this opinion.

In Re Johnson

460 B.R. 234 · United States Bankruptcy Court, E.D. Arkansas · Sep 28, 2011

Investments, Inc., 370 Ark. 220 , 258 S.W.3d 374 (2007), establishes authority for its position. … In 1864, Congress placed into law an act that established a national banking system.

Dowden v. Teachers Insurance & Annuity Ass'n (In Re Baxter)

135 B.R. 353 · United States Bankruptcy Court, E.D. Arkansas · Jan 15, 1992

The CREF Contract provides that “Benefits under this certificate are protected by the following clause contained in the statute of the State of New York establishing CREF: No money or other benefit provided or rendered by … This Court is persuaded by those courts which reach the conclusion that a tax-qualified ERISA pension or profit sharing plan is exempt from the bankruptcy estate under 11 U.S.C. § 541 (c)(2). See Anderson v.

Davidson v. United States of America Internal Revenue Service (In Re Summa T Corp.)

73 B.R. 388 · United States Bankruptcy Court, E.D. Arkansas · Apr 27, 1987

In view of this faulty evidence, the trustee clearly has failed to establish any mistake, and the adjustment for $79,180 should be sustained.” … “Clearly the trustee’s proof in support of these disputed interest deductions is negligible.

In Re Clark

138 B.R. 579 · United States Bankruptcy Court, E.D. Arkansas · Dec 17, 1991

Exhibit three does state clearly that the 1984 tax return was received in “Secondary Sort” on May 23, 1990. … The debtors have failed to establish any proof of a postmark.

Solomon v. Jarrett (In Re Jarrett)

303 B.R. 816 · United States Bankruptcy Court, E.D. Arkansas · Dec 18, 2003

Jarrett was found by the Circuit Court to be liable to the plaintiffs under the Arkansas Civil Rights Act, which does not require both willful and malicious conduct in order to establish a violation of the plaintiffs’ civil … However, this section is clearly inapplicable to the facts as alleged.

Dowden v. Cross County Bank (In re Brittenum & Associates, Inc.)

97 B.R. 503 · United States Bankruptcy Court, E.D. Arkansas · Aug 28, 1987

In order to qualify the funds as special accounts or funds held in trust, the bank must be made aware that the deposit is for a special purpose. United States v. … The Bank was clearly on notice of the nature of CD 9545 and savings account 01-494852-10.

Hays v. Cummins (In Re Cummins)

174 B.R. 1005 · United States Bankruptcy Court, W.D. Arkansas · Nov 28, 1994

It was actually filed on October 4, 1991, such that the removal is clearly untimely. … In the instant case, remand on equitable grounds is clearly merited.

Ray v. Graham (In Re Graham)

111 B.R. 801 · United States Bankruptcy Court, E.D. Arkansas · Mar 6, 1990

Neither the origin of these documents nor the existence of records for the alleged missing years was ever clearly established. … Hence, an omission from the schedules may qualify as a false oath. Bankruptcy courts, however, have not imposed strict liability under section 727(a)(4) for omissions from schedules.

Hicks v. First National Bank of Harrison (In Re Hicks)

65 B.R. 980 · United States Bankruptcy Court, W.D. Arkansas · Oct 20, 1986

Hicks has been treated differently than the Bank’s other efficient, qualified tellers. The real issue becomes whether the discriminatory treatment of Mrs. Hicks is the type the Code was designed to prohibit. … Hicks’ transfer to the accounting department clearly establish that the decision to move her was based solely on her bankruptcy filing. 3. Remedies (a) Position Mrs.

In Re Seay

369 B.R. 423 · United States Bankruptcy Court, E.D. Arkansas · May 16, 2007

Finally, no litigation or administrative costs may be awarded under § 7430 for those fees and costs incurred before a "qualified offer" is made (this limitation is discussed more thoroughly herein) if the United States establishes … The affidavits alone do not establish that there is a shortage of qualified tax attorneys to handle the tax issues, or a shortage of qualified bankruptcy attorneys to handle the bankruptcy issues; the affidavits do show that