Arkansas Bankruptcy Law

REUBEN ELDRIDGE & SANDRA ELDRIDGE v. JERRY WAUGH

<center><h2><fontcolor="red> Little Rock, AR - Personal Injury lawyer represented appellants with a motion for a new trial for injuries in a motor-vehicle accident. </h2></center></center> In 1986, Reuben Eldridge was injured in a motor-vehicle accident caused by an employee of Rising Fast Trucking Company, Inc. (RFTC), in Jefferson County, Arkansa... More...

$0 (05-31-2022 - AR)

REUBEN ELDRIDGE & SANDRA ELDRIDGE v. JERRY WAUGH

<center><h2><fontcolor="red> Little Rock, AR - Personal Injury lawyer represented appellants with appealing an order to vacate, alter, and amend judgmente. </h2></center></center> This is an appeal from an order granting a motion for a new trial and motion to vacate, alter, and amend judgment. The judgment vacated was the circuit court's May 24, 20... More...

$0 (05-30-2022 - AR)

WILLIAM EARL KELLYBREW v. STATE OF ARKANSAS

<center><h2><fontcolor="red> Little Rock, AR - Criminal Defense lawyer represented defendant with appealing from finding him guilty of a nonsupport charge. </h2></center></center> On May 1, 2007, the appellant, William Earl Kellybrew (Kellybrew) was granted joint custody of his three minor children pursuant to a divorce decree granted to his wife, A... More...

$0 (05-30-2022 - AR)

United States of America v. James Brassart

Fayetteville, Arkansas tax evasion criminal defense lawyer represented Defendant, James Brassart, who was charged with filing a 2006 individual income tax return that reported adjusted gross income of $1,502,749 and taxes due to the IRS of $486,438. Brassart failed to pay all of the taxes owed and was assessed penalties and interest. To evade his tax liabilities, Brassart took extensive steps to ... More...

$0 (04-07-2021 - AR)

DAVID BOX v. J.B. HUNT TRANSPORT, INC.

<center><h1><ahref="http://www.callmorelaw.com" target="_new">MoreLaw Virtual Receptionists</a>Our Team Will Answer Your Phone When You Cannot</h1></center> After we reversed and remanded, Box filed a motion for damages and attorney’s fees against J.B. Hunt. Box sought damages... More...

$0 (06-10-2019 - AR)

Erin R. Kemp v. United States Department of Education

The Appellant, Erin R. Kemp, appeals the order of the bankruptcy court1 denying her request for discharge of her student loan obligations to the United States Department of Education (“DOE”) under 11 U.S.C. § 523(a)(8). We have jurisdiction over this appeal. See 28 U.S.C. § 158(b). For the reasons that follow, we affirm. ISSUE The ultimate issue on appeal is whether the b... More...

$0 (08-28-2018 - AR)

United States of America v. Darrell Rosen

Fayetteville, AR - Northwest Arkansas Man Sentenced To Over 5 Years In Federal Prison For Money Laundering And Filing A False Tax Return Darrell Rosen, age 59, formerly of Fayetteville, Arkansas, was sentenced on July 16, 2018 to 63 months in federal Prison followed by three years supervised release and ordered to pay a total of $1,851,990.05 in restitution for one count of Money Launder... More...

$0 (07-18-2018 - AR)

JIM A. CARTER, JR., LOGGING, LLC, AND JAMES A. CARTER, JR. V. FIRST NATIONAL BANK OF CROSSETT <table> <td>

James A. Carter, Jr. (James), formed Jim A. Carter, Jr., Logging LLC (Carter Logging), with James as its sole member. Carter Logging entered into two loan agreements 1 This is the second time this case has been before us. We initially remanded it back to settle the record and ordered rebriefing. Jim A. Carter, Jr., Logging, LLC v. First Na... More...

$0 (06-02-2018 - AR)

Kevin Nutt v. Osceola Therapy & Living Center

Kevin and Lisa Nutt successfully sued their former employers under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., for two claims: delinquent contributions and breach of the fiduciary duty of care. The district court found that the Nutts’ former employers could not provide adequate relief and thus relied on a theory of successor liability to ... More...

$0 (08-13-2015 - AR)

Johnny Jr. Gatewood v. CP Medical, LLC

Mr. and Mrs. Gatewood appeal from an order of the bankruptcy court1 granting summary judgment to the defendant in an adversary proceeding concerning a proof of claim filed by the defendant on a time-barred debt. We have jurisdiction over this appeal from entry of the bankruptcy court’s final order pursuant to 28 U.S.C. § 158(b). For the reasons set forth below, we affirm. FA... More...

$0 (07-10-2015 - AR)

Brett A. Davis v. Jeremy Gillam

Appellants Brett Davis, Arneva Davis, and Mark Davis claim that the trial court erred in granting the counterclaim of appellees Jeremy Gillam, Carissa Gillam, Doug Gillam, Lexmin, LLC, Chesapeake Exploration, LLC, and First Community Bank for quiet title based on an oral contract for the purchase of real property. Specifically, appellants argue that there was not clear and convincing evidence of t... More...

$0 (12-07-2011 - AR)

Dana T. Carek v. Charles C. Carek, III

In this one-brief case, appellant Dana Carek appeals from the October 28, 2010 decree of divorce from her husband, appellee Charles Carek. However, we are unable to reach the merits of her appeal because the record does not contain a final, appealable order. When the parties married, appellee owned a residence and two acres in Little Rock. During the marriage, Charles executed a quit... More...

$0 (12-14-2011 - AR)

Betty Tiner v. William Joe "Bill" Tiner

Appellant Betty Tiner entered into a property settlement agreement with her exhusband, appellee William Joe ("Billâ€) Tiner, whereby Bill agreed to pay Betty $400,000 in a lump-sum payment in exchange for Betty's one-half interest in real property and assets belonging to the couple's business, Benton Transmission. When Bill failed to pay the lump sum, Betty moved for and was granted a writ of... More...

$0 (06-29-2011 - AR)

National Bank of Arkansas v. Panther Mountain Land Development

Debtor Panther Mountain Land Development, LLC owns certain tracts of undeveloped real estate. More than a year prior to the filing of this bankruptcy case, representatives of the Debtor obtained the approval of the Pulaski County Court to form certain Improvement Districts under applicable Arkansas statutes. The Improvement Districts are separate entities which are not themselves in bankruptcy.<br... More...

$0 (04-15-2011 - AR)

Arvest Mortgage Company v. Elizabeth Nail

Elizabeth E. Nail appeals from the judgment of the bankruptcy court determining that her failure to turn over $46,016.25 in lawsuit settlement proceeds to Arvest Mortgage Company and the Federal National Mortgage Association (together, "Creditorâ€) resulted in a non-dischargeable debt pursuant to 11 U.S.C. Â§ 523(a)(4). The Creditor cross-appeals, arguing that the bankruptcy court should ha... More...

$0 (04-15-2011 - AR)

All Creatures Animal Hospital, Inc. v. Finova Capital Corporation

Appellee Finova Capital Corporation sued appellants All Creatures Animal Hospital and Marion Smith, D.V.M., alleging that the hospital had breached a lease of certain office equipment.1 The Garland County Circuit Court entered summary judgment in Finova's favor. The hospital now appeals, raising five points for reversal. We affirm. On March 31, 1994, the hospital entered into a written lease for o... More...

$0 (01-06-2010 - AR)

Thomas Gibson, Jr. v. Regions Financial Corp.

Thomas Jerry Gibson, Jr., commenced this action against his former car dealership's secured lender, Regions Bank and its parent company (collectively, "Regionsâ€), asserting a variety of tort claims arising out of the failure of the business. The district court1 granted summary judgment dismissing all claims. Gibson appeals the dismissal of claims for abuse of process, malicious prosec... More...

$0 (03-02-2009 - AR)

Larry Hobbs Farm Equipment, Inc. d/b/a Hobbs Farm Implement v. CNH America, LLC d/b/a Case IH

This case involves three questions of law certified to this court by the United States District Court for the Eastern District of Arkansas in accordance with Arkansas Supreme Court Rule 6-8 (2008) and accepted by this court on September 18, 2008. See Larry Hobbs Farm Equip., Inc. v. CNH Amer., LLC, 374 Ark. 268, ___ S.W.3d ___ (2008) (per curiam). The questions certified are the following:<... More...

$0 (01-22-2009 - AR)

Pine Meadow Autoflex, LLC v. Susan Taylor

This case involves a dispute between appellant lienholder and a subsequent purchaser over possession of an automobile. The trial judge found that appellee was a good-faith purchaser for value and thus was entitled to possession of the automobile under Arkansas Code Annotated section 4-2-403 (Repl. 2001). Appellant argues on appeal that the trial court erred in finding that appellee was a good-fait... More...

$0 (01-29-2009 - AR)

Charles Brooks Co. v. Georgia-Pacific

Charles Brooks Co., Mr. "Bâ€ Logging Company, Inc. (Mr. "Bâ€ Logging), and Charles Brooks (Brooks), individually, (collectively, appellants) brought various contract and tort claims against Georgia-Pacific, LLC (Georgia-Pacific), arising out of appellants' independent contractor relationship with Georgia-Pacific. The district court1 dismissed the corporations' claims for lack of capacity... More...

$0 (01-15-2009 - AR)

James A. Bryant and Carol Sue Bryant v. J.W. Hendrix, Mark Treadwell and Shawn Treadwell

Appellants, James A. Bryant and Carol Sue Bryant, as trustees of a revocable family trust, and their son James P. Bryant, appeal the order of the Searcy County Circuit Court granting summary judgment to Appellees, J.W. Hendrix, Mark Treadwell, and Shawn Treadwell. For reversal, Appellants contend the circuit court erred as a matter of law in ruling that the statute of limitations had run on their ... More...

$0 (12-11-2008 - AR)

David Dill v. General American Life Ins.

Following a seven-day trial, a jury awarded David Dill damages on his negligent and fraudulent misrepresentation claims against General American Life Insurance Company ("General American"). Following the entry of judgment, General American filed a renewed motion for judgment as a matter of law, which the district court2 dismissed for lack of jurisdiction or, in the alternative, denied on the m... More...

$0 (05-08-2008 - AR)

David Dill v. General American Life Insurance Company, et al.

$0 (05-05-2008 - AR)

Michael Bibbs, L.D. Mason, and M.J. Construction Co., Inc. v. Community Bank

Appellants Michael Bibbs, L.D. Mason, and M J Construction Co, Inc., appeal from a summary judgment in favor of appellee Community Bank. The circuit court ruled that appellants lacked standing to sue the Bank and that their amended complaint, naming additional plaintiffs who purportedly had standing, was time-barred and did not relate back to the original filing. We affirm. In 2000, Bibb... More...

$0 (03-05-2008 - AR)

Glenn Mechanical, Inc. v. South Arkansas Regional Health Center, Inc., et al.

Dirt work led to a dispute that became this case. Southeast Building Concepts was the general contractor for building South Arkansas Regional Health Center a new hospital in El Dorado. Glenn Mechanical was the second subcontractor to take on the dirt work. The circuit court held that the Southeast/Glenn contract, which Glenn drafted, governed the disputed work of undercutting for the hospital ... More...

$0 (03-05-2008 - AR)

Wanda Scott v. Central Arkansas Nursing Centers, Inc., et al.

This appeal is brought from the grant of appellees' motions for a directed verdict and the denial of appellant's motion for a new trial. We affirm in part and reverse and remand in part. I. Factual and Procedural Background Appellant is the daughter of the late Ethel Mince, who died on September 18, 2002, while residing at Robinson Nursing & Rehabilitation Center. Appellee Cent... More...

$0 (03-05-2008 - AR)

Firstplus Home Loan Owner 1997, et al. v. Stacy Bryant, et al.

This is an appeal from an order certifying a class action. The cause of action by the representative plaintiffs, individually, and on behalf of the members of each subclass, seeks damages arising from the payment by them of interest that they allege is usurious to the trust or trusts and their trustees that own or owned their loans. The cause of action also seeks damages for fraud arising from... More...

$0 (02-28-2008 - AR)

Mary H. Waterson v. Jeffrey A. Hall

Mary Waterson appeals the district court's order granting Dr. Jeffrey Hall's motion to stay the medical malpractice claim Waterson brought against him. The district court granted the stay on the grounds the claim had been discharged in Hall's bankruptcy proceeding. Because we conclude we have no final appealable order before us, we dismiss for lack of appellate jurisdiction. 111 U.S.C. § 523... More...

$0 (02-11-2008 - AR)

<a href="http://www.ca8.uscourts.gov/opndir/06/04/043838U.pdf" target="_new">Bobbie Parette, etc. v. Bart Virden, et al.</a>

In this 42 U.S.C. § 1983 action, Bobbie Parette, Howard Parette, Emily-Jane Parette, Louise Parette Gooden, and Richard Gooden (collectively, appellants) appeal from an order of the district court1 granting summary judgment in favor of the City of Morrilton, Arkansas (City), City Attorney Bart Virden, City Mayor Stewart Nelson, and the Morrilton Wastewater Committee (MWC) and its members (c... More...

$0 (04-04-2006 - AR)

<a href="http://www.ca8.uscourts.gov/opndir/04/03/023867P.pdf" target="_new">Little Rock School v. Joshua Intervenors</a>

This case consolidates two appeals, both arising from the Little Rock School District's request for unitary status. First, the Joshua Intervenors1 appeal from the District Court's2 denial of their Motion for Recusal of District Judge and Vacating of Orders, Rulings, and Judgments. We review a district court's denial of recusal for abuse of discretion. See In re Hale, 980 F.2d 1176, 1178 (8t... More...

$0 (03-03-2004 - AR)

<a href="http://www.ca8.uscourts.gov/opndir/04/01/023600P.pdf" target="_new">Pennsylvania National Mutual Casualty v. City of Pine Bluff</a>

1Retainage is "[a] percentage of what a landowner pays a contractor, withheld until the construction has been satisfactorily completed . . . ." Blacks Law Dictionary 1317 (7th Ed. 1999). 2Often issued in conjunction, performance and payment bonds are usually required in public works projects. See, e.g., 40 U.S.C. § 3131(b) (West 2003); cf. Ark. Code Ann. § 22-9-401 (Michie 1996). A perfo... More...

$0 (01-20-2004 - AR)

<a href="http://courts.state.ar.us/opinions/2004a/20040108/03-594.html " target"_new">Warren E. Dupwe v. Frank G. Wallace and First State Bank et al</a>.

Bankruptcy Trustee Warren E. Dupwe appeals a summary judgment finding that he is judicially estopped from pursuing the tort claims of Chapter 7 bankruptcy petitioners Barry L. and Deborah L. Nix. The trial court found that when the Nixes failed to list claims against First State Bank, and its employees ("First State") in their bankruptcy petition, any future suit on the claim was precluded by judi... More...

$0 (01-08-2004 - AR)

<a href="http://courts.state.ar.us/opinions/2003a/20030522/02-632.html" target="_new">Bank of America, N.A. v. C.D. Smith Motor Company, Inc.</a>

This is a contract case which, among other things, involves the interpretation of our Uniform Commercial Code, particularly Ark. Code Ann. §§ 4-1-205 and 4-2-202 (Repl. 2001), the Code's course-of-dealing provisions. We also take jurisdiction of this appeal because it requires the court's interpretation of Ark. Code Ann. § 16-64-130 (Supp. 2001), as to when punitive damages can be awarded in... More...

$1066000 (05-27-2003 - AR)

<a href="http://courts.state.ar.us/opinions/2002b/20021024/01-598.html" target="_new">HRR Arkansas, Inc. v. River City Contractors Inc.</a>

HRR Arkansas, Inc., d/b/a Paul Davis Systems of Arkansas ("HRR"), appeals the final order and judgment of the Pulaski County Chancery Court, Fourth Division. HRR alleges that the trial court erred: (1) by failing to dismiss the claim of Appellee River City Contractors, Inc. ("River City"), when River City lacked the capacity to sue as a corporation; (2) by failing to remit to HRR $4,000 paid to... More...

$0 (10-24-2002 - AR)

<a href="http://courts.state.ar.us/opinions/2003a/20030219/ca02-605.html" target"_new">Neil v. Nationwide Mut. Fire Ins. Co. (Roaf, J.)</a>.

Appellant Lamar Neill's home was damaged by a fire, and he filed a claim with his homeowners' insurance company, appellee Nationwide Mutual Fire Insurance Company. After finding out that Neill had previous fire losses that were not disclosed in his application, Nationwide denied Neill's claim and filed an action for declaratory relief, seeking to void the policy. Neill counterclaimed for breach... More...

$0 (02-19-2003 - AR)

<a href="http://courts.state.ar.us/opinions/2003a/20030220/02-866.html" target"_new">Reggie Chavers, Mark Chavers, and Chavers Welding & Construction v. EPSCO, Inc</a>.

Appellants Reggie Chavers and Mark Chavers appeal a judgment entered against them by the Craighead County Circuit Court. Reggie and Mark argue that the trial court erred in holding them liable for a company debt based upon partnership by estoppel because the proof was vague and insufficient and there was no detrimental reliance on the part of a creditor. We hold that the trial court was not cle... More...

$88398 (02-20-2003 - AR)

<a href="http://courts.state.ar.us/opinions/2002b/20020918/ca011405.html" target="_new">McCorkle Farms, Inc. v. Gene Thompson</a>

This is a crop-damage case. Appellant, McCorkle Farms, Inc., filed suit against Delta Farms Elevator, Inc., Delta's president and sole shareholder, appellee Gene Thompson, and Randy Atkison d/b/a Buffalo Island FlyingService1 after noticing symptoms consistent with its cotton crop being exposed to the pesticide 2,4-D. Shortly before these symptoms were noticed, Atkison had been retained by Thompso... More...

$0 (09-18-2002 - AR)

<a href="http://courts.state.ar.us/opinions/2002b/20021107/02-244.html" target="_new">NCS Healthcare of Arkansas, Inc. v. W.P. Malone, Inc.</a>

The appellant, NCS Healthcare of Arkansas, Inc., appeals from a default judgment in favor of the appellee, W. P. Malone, Inc. The default judgment was entered following an order of remand from a federal district court. In the first point on appeal, NCS makes two arguments in support of its claim that the circuit court abused its discretion and erred as a matter of law when it entered the default j... More...

$0 (11-08-2002 - AR)

<a href="http://courts.state.ar.us/opinions/2001b/20011108/01-276.html" target="_new">Bank of Arkansas, N.A. v. Mana Corporation and First Union Bank</a>

Appellant Bank of Arkansas, N.A., appeals the Benton County Circuit Court's award of summary judgment to appellee First Union National Bank (First Union) and dismissal with prejudice of First Union from the case. We affirm. The parties in this lawsuit include Bank of Arkansas, First Union, and MANA Corporation (MANA). Bank of Arkansas contends that the events leading up to this lawsuit bega... More...

$0 (11-08-2001 - AR)

<a href="http://www.ca8.uscourts.gov/opndir/01/10/003431P.pdf" target="_new">Renee Williams v. John Marlar</a>

Trustee's assertion of claim on behalf of creditors not involved in previous state court litigation was not barred by collateral estoppel; bankruptcy court did not err in finding the transfer of the property was fraudulent and should be set aside; however, creditor involved in state court litigation is barred by res judicata and principles of comity from asserting her claim against the estate, and... More...

$0 (10-02-2001 - AR)