The Debtor agreed to the terms of the written agreements issued by American Express by use of the credit cards, thereby forming a binding contract. Therefore, the Debtor's objections to the claims were overruled because the five year statute of limitations applicable to written obligations applied.
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Opinions
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James G. Mixon
Decas was unable to establish that the Perishable Agricultural Commodities Act found in 7 U.S.C. § 499 covered dried cranberries or that the transactions in question were made in the ordinary course of business pursuant to 11 U.S.C. § 547(c)(2) ; therefore, the three transactions were preferential transfers and Trustee was granted judgment.
The Trustee was not able to avoid the eight pre-petition transfers made within the preference period because the Defendant proved they were made within the ordinary course of business pursuant to 11 U.S.C. 547(c)(2)(2005).
Upon an objection to confirmation of the debtor's chapter 11 plan, the court directed the debtor to modify the plan; objecting creditor making the 1111(b) election would be paid, over the life of the plan, the greater of the full amount of the entire claim without interest or an amount equal to the present value of the secured claim.
In objection to discharge of joint debtors, the Court denied the discharge of husband-debtor for making false oaths related to omissions of transfers from his petition and for failing to explain loss of assets but did not deny the discharge of wife-debtor; the Court abstained from determining that objecting creditors' individual debts were nondischargeable since the issues presented could be more expeditiously resolved in a state court proceeding.
Audrey R. Evans
Court found Plaintiffs failed to plead sufficient facts to justify entry of default judgment on claims under 11 U.S.C. §§ 506(b) and 362, and the Fair Debt Collection Practices Act, but found that sufficient facts were pled to warrant default judgment on Plaintiffs’ claims under the Real Estate Settlement Procedures Act and for state law breach of contract. A hearing on damages is to be set by subsequent notice. Price v. America's Servicing Company (In re Price), 403 B.R. 775 (Bankr. E.D. Ark. 2009).
Upon trustee's complaint, the Court found that the Debtor abused the bankruptcy process by her actions and demonstrated bad faith in her filings. Consequently, the Court employed its equitable powers under 11 U.S.C. § 105(a) to bar the Debtor from filing any case under any chapter of the Bankruptcy Code anywhere in the United States for a period of five (5) years. Not selected for publication.
Court determined that Chapter 7 Debtors, whose assets were levied on post-discharge by the IRS, were not entitled to reimbursement from the bankruptcy estate for non-dischargeable, pre-petition taxes that were not paid by the Trustee. The Court found that under 11 U.S.C. § 507(d), Debtors were statutorily precluded from obtaining the IRS’ priority status which Congress specifically reserved for the taxing authority. The Court further found that the Trustee paid claims in a timely manner, and that because Debtors remained personally liable for the non-dischargeable taxes they paid, they were not entitled to subrogation under either statutory or equitable grounds. In re Frankum, 399 B.R. 498 (Bankr. E.D. Ark. 2009).
Judge Ben T. Barry
Reading § 1325(a)(5)(B)(iii) in conjunction with § 1326(a)(1), (2), and (b), the Court finds that chapter 13 debtors must pay creditors holding allowed claims secured by personal property adequate protection beginning not later than 30 days after the order for relief and continuing until the creditor receives equal monthly payments provided for by the debtors’ plan.
Judge Richard D. Taylor
First lien residential mortgage holder's objection to confirmation of Chapter 13 plan is sustained in part, denied in part. Disputed provisions concern the application of payments, deeming arrearages current, court approval of attorney's fees, and compliance with § 524(i).