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                        as a courtesy to the reader. They are not part of the opinion of the court.

106057P.pdf   04/15/2011  Arvest Mortgage Company  v.  Elizabeth Nail
   U.S. Court of Appeals Case No:  10-6057
   U.S. Bankruptcy Court for the Western District of Arkansas - Fayetteville   
   [PUBLISHED] [Schermer, Author, with Federman and Venters,
   Bankruptcy Judges]
   Bankruptcy Appellate Panel. Settlement proceeds were not captured as
   "miscellaneous proceeds" under the terms of debtor's mortgage with
   Arvest; if the settlement proceeds were miscellaneous proceeds arising
   from a tort action, they could not be validly assigned to Arvest under
   Arkansas law; if the settlement proceeds are determined to be
   miscellaneous proceeds under either a contract or tort theory, the
   Arkansas statutes cited by the bankruptcy court did not create a trust
   giving rise to a fiduciary duty under Sec. 523(a)(4) that would require
   debtor to pay them to Arvest; as a result, there was no basis for a non-
   dischargeable debt under Sec. 523(a)(4); reversed.