ORDER PHYLLIS M. JONES , Bankruptcy Judge . Pending before the Court is the Motion to Dismiss and Incorporated Brief in Support (the " Motion to Dismiss ") (AP No. 19-1015, Doc. No. 17) filed by M. Randy Rice, Chapter 7 Trustee (the " Trustee "), along with the response to same filed by Oakley Grain, Inc. and Bruce Oakley, Inc. (collectively, " Oakley ") (AP No. 19-1015, Doc. No. 25); the reply filed by the Trustee (AP No. 19-1015, Doc. No. 26); the supplement to response filed by...
ORDER AND OPINION GRANTING UNITED STATES TRUSTEE'S MOTION TO DISMISS Ben Barry , United States Bankruptcy Judge . This case has a long and rich history. On August 31, 2015, the debtor filed a skeletal chapter 7 petition in which she indicated that her debts were primarily "consumer/non-business." On September 14, 2015, the debtor filed her first set of schedules and statements, as well as her Chapter 7 Statement of Current Monthly Income and Means Test Calculation [initial means test]....
MEMORANDUM OPINION AND ORDER HONORABLE RICHARD D. TAYLOR , UNITED STATES BANKRUPTCY JUDGE . In this Chapter 7 proceeding, the trustee, Frederick S. Wetzel, III ("Trustee"), filed his Complaint Objecting to Discharge ("Complaint") against the debtor, Reba Eichler, pursuant to 11 U.S.C. 727(a)(3), (4), and (5). The debtor filed her Response to Complaint Objecting to Discharge resulting in a trial on March 14, 2019. The Trustee appeared personally and by and through his counsel as did...
MEMORANDUM OPINION Phyllis M. Jones , United States Bankruptcy Judge . Before the Court is the Complaint Seeking Exception to Discharge Pursuant to 11 U.S.C. 523(a)(2) and Objection to Discharge Pursuant to 11 U.S.C. 727(c) filed by Cross County Bank ( "CCB" ) on August 19, 2016 (the "Complaint" ), and the Answer filed by Bryan T. Grigsby (the "Debtor" ) on September 7, 2016. CCB seeks a determination that its debt is nondischargeable pursuant to 11 U.S.C. 523(a)(2)(B),...
MEMORANDUM OPINION AND ORDER CLASS ACTION HONORABLE RICHARD D. TAYLOR , UNITED STATES BANKRUPTCY JUDGE . The debtors, Freddy and Amber May, filed a Class Action Complaint ("Complaint") on May 4, 2018. The defendants, Midland Funding, LLC and Midland Credit Management, Inc. ("Midland"), filed Defendants' Motion to Compel Arbitration and to Strike Class Allegations and Memorandum in Support ("Motion") on June 25, 2018, which drew Plaintiffs' Memorandum in Opposition to Defendants'...
ORDER AND OPINION Ben Barry , United States Bankruptcy Judge . On December 10, 2015, the United States Trustee [the UST] filed adversary proceeding 4:15-ap-1112, seeking the denial of the debtor's chapter 7 discharge under 11 U.S.C. 727(a)(2)(A) and (a)(4)(A). 1 On January 6, 2016, the debtor filed her answer to the UST's complaint. On January 8, 2016, chapter 7 trustee Frederick S. Wetzel, III [Wetzel] filed adversary proceeding 4:16-ap-1001 against the debtor and Paul Buch [Buch],...
MEMORANDUM OPINION AND ORDER HONORABLE RICHARD D. TAYLOR , UNITED STATES BANKRUPTCY JUDGE . The debtors, Freddy and Amber May, filed their Class Action Complaint ("Complaint") on May 4, 2018. The defendants, Midland Funding, LLC and Midland Credit Management, Inc. ("Midland"), filed Defendants' Motion to Compel Arbitration and to Strike Class Allegations and Memorandum in Support ("Motion") on June 25, 2018, which drew Plaintiffs' Memorandum in Opposition to Defendants' Motion to...
MEMORANDUM OPINION Phyllis M. Jones , United States Bankruptcy Judge . Before the Court is the Complaint filed by Bruce and Linda Dantzler (" Dantzlers ") objecting to the discharge of Denny and Pamela Zulpo, who are joint debtors in this voluntary Chapter 7 bankruptcy case (" Debtors "). The Debtors timely answered the complaint. The Dantzlers base their objection to the Debtors' discharge on three provisions of Section 727 of Title 11 of the United States Bankruptcy Code: Section 727(a)...
MEMORANDUM OPINION Phyllis M. Jones , United States Bankruptcy Judge . M. Randy Rice, the successor Chapter 7 Trustee (the "Trustee" ) in the bankruptcy case filed by Turner Grain Merchandising, Inc. (the "Debtor" ), filed this adversary proceeding seeking to avoid a transfer made by the Debtor to M-Real Estate LLC ( "M-Real Estate" ) as a preferential transfer under 11 U.S.C. 547(b). The Complaint asserts, alternatively, a cause of action for a constructively fraudulent transfer...
ORDER GRANTING, IN PART, AND DENYING, IN PART, EMERGENCY MOTION TO EXTEND AUTOMATIC STAY AND FOR PRELIMINARY INJUNCTION Phyllis M. Jones , United States Bankruptcy Judge . On March 1, 2018, the Cantrell Drug Company ("Cantrell Drug Company" or the "Debtor") commenced the above-referenced adversary proceeding against the United States of America, the Food and Drug Administration (the "FDA"), Scott Gottlieb, M.D., in his capacity as Commissioner of the FDA, and Thomas E. Price, M.D.,...
OPINION AND ORDER DENYING DEBTORS' CHAPTER 7 DISCHARGE Ben Barry , Unites States Bankruptcy Judge. On November 28, 2016, Harold Glenn Caldwell [Caldwell], individually and on behalf of Caldwell-Powell Construction, LLC [CPC], filed the above-captioned complaint against the debtors, Benny and Tammy Powell. In his complaint, Caldwell asks the Court to determine the amount of the debts that he alleges joint debtor Benny Powell [Powell] owes to both Caldwell and CPC. Caldwell also seeks a...
MEMORANDUM OPINION Phyllis M. Jones , United States Bankruptcy Judge . Before the Court is the Objection to Exemptions Claimed by Debtors [Doc. No. 89] (" Objection ") filed on July 7, 2016, by M. Randy Rice, the duly appointed Chapter 7 Trustee (" Trustee "). The Trustee raises three objections to the exemptions claimed by the Debtors, Bobby "Bob" Tankersley and Mary Tankersley (collectively, the " Debtors "). First, the Trustee alleges the property exempted is not jointly owned;...
OPINION AND ORDER DENYING FIRST SECURITY BANK'S MOTION WITHOUT PREJUDICE BEN BARRY , Bankruptcy Judge . On March 8, 2017, First Security Bank [FSB] filed a motion to prohibit the debtors' use of cash collateral [motion]. On March 29, 2017, the debtors filed a response to FSB's motion. The Court held a hearing on the motion and response on May 18, 2017. Gary D. Jiles appeared on behalf of FSB. Kevin P. Keech appeared on behalf of the debtors. At the conclusion of the hearing, the Court took...
OPINION AND ORDER DENYING CHAPTER 7 DISCHARGE BEN BARRY , Bankruptcy Judge . On May 23, 2016, Arvest Bank [Arvest] filed its complaint objecting to the debtor's discharge pursuant to 11 U.S.C. 727(a)(2) and (a)(4)(A) and seeking a determination that certain debts owed to Arvest are nondischargeable under 11 U.S.C. 523(a)(2)(A). On June 14, 2016, the debtor filed an answer to Arvest's complaint. The Court held a trial beginning on January 19, 2017, and concluding on January 20, 2017....
MEMORANDUM OPINION AND ORDER HONORABLE RICHARD D. TAYLOR , UNITED STATES BANKRUPTCY JUDGE . Richard M. Coleman, Jr. ("Coleman") filed his Complaint against the debtor/defendant, C.R. Fields, III ("debtor"), individually and doing business as Arkansas Windows & Siding, seeking to establish damages under Arkansas law for breach of contract, unjust enrichment, fraud, and violation of the Arkansas Deceptive Trade Practices Act. Commensurately, the Complaint alleges that any resulting...
ORDER DENYING MOTION TO RECONSIDER BEN T. BARRY , Bankruptcy Judge . Before the Court is the debtor's Motion to Reconsider Order Denying Motion to Impose Automatic Stay filed on October 5, 2016. To understand the Court's denial of the debtor's motion, a history of this case and the prior filings by the debtor is instructive. The first case filed by the debtor that is relevant was case 4:12-bk-17183. That case was dismissed by the Court on April 13, 2015, and closed on July 23, 2015. The...
ORDER DENYING MOTION FOR RELIEF FROM STAY BEN T. BARRY , Bankruptcy Judge . Before the Court is creditor John Gibson Auto Sales, Inc.'s [Gibson Auto] Motion for Relief From Stay and Abandonment of Collateral filed on February 28, 2016, and the debtor's response filed on March 3, 2016. The collateral at issue is a 2008 Can Am Spyder motorcycle. The Court set the motion and response for hearing on April 5, 2016. At the hearing, the parties requested a continuance to the Court's next division...
MEMORANDUM OPINION Phyllis M. Jones , United States Bankruptcy Judge Before the Court is the Second Amended Complaint to Determine Dischargeability of Debt (the "Complaint" ) filed by the Debtor, Alice Wallace ( "Ms. Wallace" or the "Debtor" ) on September 17, 2015 (Doc. No. 6), and the Answer to the Complaint (the "Answer" ) filed by the Defendant, the United States Department of Education (the "USDE" ) on October 19, 2015 (Doc. No. 13). 1 A trial on the merits was held on...
MEMORANDUM OPINION RICHARD D. TAYLOR , UNITED STATES BANKRUPTCY JUDGE Before the court is a Motion for Avoidance of Lien of Department of Workforce Services ("Motion") filed by the debtor, Tilda Marie Chambers Leaks ("debtor"), on April 7, 2016. Jack W. Gooding, the Chapter 13 Standing Trustee, filed his Trustee's Response to Motion for Avoidance of Lien of Department of Workforce Services as did Daryl E. Bassett, the Director ("Director") of the Arkansas Department of Workforce...
JORDAN, Justice. James Lee Spencer was indicted for murder, aggravated assault, and escape by the Grand Jury of Burke County, was tried before a jury and found guilty and sentenced to death for murder, and ten years each on the charges of aggravated assault and escape to run concurrently with each other. His case is before this court on appeal and for mandatory review of the death sentence imposed. The state's evidence was as follows: L. O. Beazley of the Richmond County Sheriff's Department,...
