menu

School of Law
1045 W. Maple St.
Robert A. Leflar Law Center
Waterman Hall
University of Arkansas
Fayetteville, AR 72701

Phone: (479) 575-5601

Facebook Twitter Linkedin Youtube

University of Arkansas School of Law

Arkansas Law Notes

Bankruptcy

Chapter 12 Bankruptcy: Family Farm Restructuring

This overview of Chapter 12 Bankruptcy is written to provide an introduction to the basic Chapter 12 process, highlighting some of the issues that distinguish it from other types of bankruptcy and explaining how it may be useful to family […]

Defalcation by a Fiduciary – A New Standard

I am writing about a bankruptcy case from the Supreme Court. This changes cases from the Eighth Circuit and this is why I am discussing it. The case is Bullock v. BankChampaign.[1]. The issue concerns whether a debt is dischargeable when the debtor obtains a bankruptcy discharge. The phrase in the Bankruptcy Code is “defalcation by a fiduciary”. If the fiduciary has done this, the debt is not discharged. This issue does not come up frequently, but when it comes up, this is an important change.

Revisiting Bankruptcy Discharge of Student Debt by Declaration in a Chapter 13 Plan

In a 2009 CLE at the School of Law, I talked about the Espinosa case from the Ninth Circuit that allowed a Chapter 13 debtor to discharge his student-loan debt by declaring he had undue hardship in his Chapter 13 plan even when there was […]

A Step-By-Step Guide to Chapter 7 Consumer Bankruptcy In Arkansas from the Debtor’s Perspective

Anyone who watches television or reads the newspaper is aware that the country is in a severe economic downturn. Not surprisingly, bankruptcy filings are clearly on the rise. The predictions of an increase in bankruptcy filings for this year are now coming true. The surge […]

Single Asset Real Estate and the Bankruptcy Abuse and Consumer Protection Act

This article discusses the single-asset bankruptcy change made by the Bankruptcy Abuse and Consumer Protection Act. I mentioned this change at the 2006 Mid-Year Meetings in Memphis (at the end of my talk and not related to it) and have not seen any discussion […]

Bankruptcy Jurisdiction and the Supreme Court: Can a State be Sued for Money When It Violates a Federal Statute?

I was waiting to get a haircut this past January and was reading THE UNITED STATES LAW WEEK, one of my favorite publications. Reading a synopsis of the  Central Virginia Community College v. Katz, I suddenly jumped up and exclaimed that the Court had just […]

Bankruptcy Abuse Prevention and Consumer Protection Act: A Survey of Cases

Friday, June 2nd, I decided to do a Westlaw search picking up all of the reported cases citing this new bankruptcy law. I used the full name of the statutory change and would have missed any case using the acronym. The number of […]

Lawyers, You Are Now A Debt Relief Agency Under The New Bankruptcy Law

Just today, one week before Law Notes goes to press, I was asked whether lawyers who do bankruptcy work are debt relief agencies. My initial thought was no, these were bankruptcy petition preparers, not lawyers representing debtors in bankruptcy. The […]

;