Because attorney Norman D. Angeleri failed to adequately represent clients, made false statements in signed pleadings, and failed to follow court orders, Court ordered him to disgorge fees paid by his clients, referred him to the Arkansas Supreme Court's Committee on Professional Conduct, and referred him to the U.S. Attorney for investigation of possible bankruptcy crimes. An Order to Show Cause was also entered ordering him to appear and show cause why he should not be suspended from practicing before the Bankruptcy Court. 341 B.R. 666 (Bankr. E.D. Ark. 2006).
You are here
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
Court denied motion to impose an automatic stay under section 362(c)(4)(B) to a case where the stay had expired as provided in section 362(c)(3)(A) because the motion to impose a stay was not filed within 30 days of the bankruptcy petition filing. 339 B.R. 474 (Bankr. E.D. Ark. 2006).
Court adopted Judge Marvin Isgur’s ruling in In re Hernan Toro-Arcila, 334 B.R. 224 (Bankr. S.D. Tex. 2005), holding that section 362(c)(4)(B) applies to cases in which the automatic stay has expired under section 362(c)(3)(A) provided a motion to impose an automatic stay is filed within 30 days of the bankruptcy petition filing. 339 B.R. 472 (Bankr. E.D. Ark. 2006).
Judge Richard D. Taylor
The court found that breach of contract damages were excepted from discharge even though the total damages exceeded the “money obtained” from the creditor. Once the court found that specific money had been obtained by false pretense, false representation, or actual fraud under 11 U.S.C. § 523(a)(2)(A), any debt arising therefrom is excepted from discharge.
Principles of collateral estoppel require the granting of the plaintiffs’ motion for partial summary judgment. If the debtor knew he did not have a sufficient basis to make a representation, but made the representation anyway, the representation was made with a reckless disregard for the truth, which satisfies the knowledge requirement under 11 U.S.C. § 523(a)(2)(A).
Debtor’s discharge denied because schedules were incomplete, false, and misleading.
Court found that debtor established a head of household homestead exemption prior to filing bankruptcy petition. Once established, the exemption continued until extinguished, abandoned, or waived. Trustee’s objection to exemption overruled.
The court found that under 11 U.S.C. § 1325(b)(2), a charitable contribution to a qualified religious or charitable entity or organization, as those terms are defined by 11 U.S.C. § 548(d)(3) and (4), that does not exceed 15 percent of the debtor’s gross income for the year in which the contributions are made are reasonable without further inquiry of the court. The court was not asked to rule on whether the debtor’s plan was filed in good faith.
Debtor did not provide tax returns to trustee prior to meeting of creditors. Absent proof of circumstances beyond the control of the debtor, Court must dismiss the case under s. 521(e)(2).
Trustee’s motion to dismiss for failure to provide trustee copies of tax returns under § 521(e)(2) granted. Debtor failed to show that failure to provide the returns was due to circumstances “beyond the control of the debtor.” Not selected for publication.