Bankr. L. Rep. P 71,985 in Re Steve and Jo Ann Stevens, Debtors v. Pike County Bank v. A.L. Tenney, Trustee

I join the Court’s opinion and write separately only to express some reservations with respect to the question of Arkansas law which we are deciding.

We normally defer to the decisions of the district courts on questions of the law of the states in which they sit. Here, this deference is enhanced by the fact that the Bankruptcy Court reached the same conclusion as the District Court. I agree that under this standard of deference we must affirm the judgment. There is no opinion of the Supreme Court of Arkansas directly in point, but there is language in Campbell v. Geheb, 258 Ark. 225, 523…