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.
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James G. Mixon
Judge Ben T. Barry
The Court granted creditor's Motion to Alter or Amend Judgment based on conflicting orders entered by the Court, and set aside the second order entered. The debtor did not object to or appeal from the first order entered, and it became a final order, which the Court will enforce.
The Court overruled the chapter 7 trustee's objection to exemptions after finding that the debtor's actions surrounding her failure to disclose an asset of her bankruptcy estate (a sexual harassment claim) did not rise to the level of bad faith.
Court denied creditor's motion to strike the entities listed as trade names on the debtors' chapter 7 petition. Even though the entities listed as the debtor's trade names may be separate legal entities, there was no evidence introduced that those names were not also used as trade names.
Debtor who, in a prior case, originally filed a chapter 13 case that later converted to a chapter 7 case was eligible to receive a discharge in his current chapter 13 case even though the current case was filed within four years of the date his previous case was filed. The section 1328(f) time limits relating to a subsequent discharge refer to the chapter under which the previous case was filed, regardless of later conversion to another chapter.
Amended by Correcting Order entered March 17, 2008
The debtor is entitled to claim a vehicle ownership expense on her Form B22C (chapter 13 means test) even though she owns the vehicle free and clear of liens and makes no monthly payments on the vehicle. The debtor was also entitled to claim operating expenses for two vehicles absent any evidence to rebut the debtor's claim.
Chapter 7 and chapter 13 means tests serve different purposes. Chapter 13 debtors who surrender property in their plan are not entitled to include payments for that property on their Form B22C to determine disposable income.
Audrey R. Evans
Court denied Defendant's Motion to Set Aside Entry of Default and granted Plaintiffs' Motion to Strike Answer where Defendant failed to show good cause for setting aside the entry of default. The Court specifically found the Defendant's arguments raised in defense of its failure to file a timely answer to be evidence of culpable behavior, and also that the Defendant's behavior in the lawsuit thus far would prejudice the Plaintiffs if the case were allowed to proceed. The Court further found that the Defendant had failed to present a meritorious defense in its untimely Answer. Price v. America's Servicing Company (In re Price), 388 B.R. 901 (Bankr. E.D. Ark. 2008).
Judge Richard D. Taylor
Above-median-income debtors may use Local Standards as allowances for expense deduction purposes when they have an actual expense, even if less than the allowance.
Court refuses to set aside Settlement Order on the basis of fraud on the court. Interested party has had its remedy.