ORDER DENYING MOTION FOR SUMMARY JUDGMENT AUDREY R. EVANS, Bankruptcy Judge. Now before the Court is the Defendants' Motion for Summary Judgment and/or for Judgment on the Pleadings (" Motion for Summary Judgment "). Shawn Michael Humes (the " Plaintiff ") filed this adversary proceeding against LVNV Funding, L.L.C. (" LVNV "), and Hosto, Buchan, Prater & Lawrence, P.L.L.C. (" Hosto ") (collectively, the " Defendants "). In an Amended Complaint, filed March 24, 2011, the Plaintiff...
MEMORANDUM OPINION AUDREY R. EVANS, Bankruptcy Judge. On September 27, 2011, the Court held a trial on the Amended Complaint filed by the Chapter 7 Trustee, Richard Cox (the "Trustee" ), against the Debtors, Greg and Ronda Andrews, two brothers of Debtor Greg Andrews, Brian and Jeff Andrews, and other defendants. The Trustee originally sought avoidance of the transfer of the drag racing car called the "Big Nasty" (the "Race Car" ) and turnover of the Race Car if it was in the same...
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT AUDREY R. EVANS, Bankruptcy Judge. Now before the Court is the Second Motion for Summary Judgment or, in the alternative, for Partial Summary Judgment (docket #35) (" Motion for Summary Judgment "), brief in support, and statement of undisputed facts, filed by the Plaintiff-Trustee, James C. Luker (" Trustee "). In the Motion for Summary Judgment, the Trustee alleges that a $500,000 payment made to Defendant, Heartland Community Bank (" Heartland "...
MEMORANDUM OPINION AND ORDER RICHARD D. TAYLOR, Bankruptcy Judge. Jeffery Lewis White and Jennifer Gay White (collectively, "debtors" or individually, "Jeffery White" and "Jennifer White") filed separate chapter 7 bankruptcy cases in September 2010. In each case, Commercial Bank & Trust Company ("Commercial Bank") filed its Objection to Debtor's Claimed Exemption/Motion for Relief from Stay (individually, "Objection" and "Motion for Relief"). Thereafter, each debtor filed a Motion to...
ORDER JAMES G. MIXON, Bankruptcy Judge. On September 30, 2010, Patrick Kelley (Debtor) filed a voluntary petition for relief under the provisions of Chapter 7 of the United States Bankruptcy Code. James C. Luker was appointed the Chapter 7 Trustee. The Debtor claims on his amended schedules filed March 8, 2011, that his residence located at 2179 Highway 242 West, Lexa, Arkansas, is exempt pursuant to the Arkansas Constitution, Article 9, Section 4, in the sum of $350,000.00. He claims exempt...
ORDER OF CONTEMPT AUDREY R. EVANS, Bankruptcy Judge. Now before the Court is the Order to Show Cause (docket # 11) entered April 27, 2011, in the case of Joshua and Amy Andrews, Case No. 03:11-bk-12581. On September 28, 2010, the Court entered an Order to Appear and Show Cause (the "First Order to Show Cause") in the case of Charles and Denise Burnett, Case No. 03:09-bk-13432. As a result of the First Order to Show Cause, on April 15, 2011, the Court entered a Memorandum Opinion and...
