ORDER APPROVING APPLICATION TO EMPLOY ATTORNEY AUDREY R. EVANS, Bankruptcy Judge. Now before the Court is the Application to Employ Attorney (the "Application" ) filed by the Debtor-in-possession seeking to hire the law firm of Smith Akins, P.A. and the firm of Welch, Brewer and Hudson, LLC as counsel for the Debtor in this bankruptcy proceeding. This application was filed June 13, 2012, and creditor Pinewood Enterprises, LC ( "Pinewood" ) filed an objection on June 19, 2012. The Court...
ORDER SUSTAINING OBJECTION TO CONFIRMATION AUDREY R. EVANS, Bankruptcy Judge. Now before the Court is the Objection to Confirmation of Plan (" Objection to Confirmation ") filed by Deere & Company (" Deere ") on January 4, 2012. At the hearing on the Objection to Confirmation, held March 1, 2012, the Debtors and Deere reached an agreement resolving all issues raised in the Objection to Confirmation except whether the Debtors could sever the cross-collateralization of Deere's loans through...
MEMORANDUM OPINION JAMES G. MIXON, Bankruptcy Judge. Blake Roussel (Roussel) and his wife Amanda Roussel filed a voluntary petition for relief under Chapter 7 of the United States Bankruptcy Code on July 11, 2011. Clear Sky Properties, LLC, an Arkansas limited liability company (Clear Sky), and Luanne Deere (Deere) initiated this adversary proceeding to determine the dischargeability of Roussel's debt to Clear Sky and Deere that was evidenced by a judgment against Roussel out of Faulkner...
ORDER DENYING MOTION FOR SUMMARY JUDGMENT AUDREY R. EVANS, Bankruptcy Judge. Now before the Court is the Plaintiffs' Motion for Summary Judgment filed on February 1, 2012. On February 21, 2012, Citimortgage, Inc. (" Citi ") filed a Response in Opposition to Plaintiff's Motion for Summary Judgment, and on March 16, 2012, the Plaintiffs filed a Reply to Defendant's Response to Plaintiffs' Motion for Summary Judgment. The Court has reviewed all arguments and evidence submitted by the...
MEMORANDUM OPINION AUDREY R. EVANS, Bankruptcy Judge. Now before the Court is the Complaint Objecting to Discharge and/or Dischargeability of Debt (" Complaint ") filed by the Plaintiff, Dennis Bailey, on August 10, 2011. The Defendant, Jonathan E. Whitehead, who is also the Debtor in the above-styled bankruptcy case, filed his Answer to Complaint (" Answer ") on September 9, 2011. On July 12, 2012, this matter came before the Court for trial. Frederick S. Wetzel appeared for the...
ORDER GRANTING INJUNCTION AUDREY R. EVANS, Bankruptcy Judge. On April 11, 2012, the Court held a hearing on the Plaintiff's Motion for Temporary Restraining Order, Preliminary Injunction, and Emergency Hearing (the "TRO Motion" ). The TRO Motion, filed by the Chapter 7 Trustee, Randy Rice (the "Trustee" ), pursuant to Federal Rule of Bankruptcy Procedure 7065, sought a temporary restraining order and preliminary injunction to prevent separate Defendant Bank of England (the "Bank" ) from...
MEMORANDUM OPINION JAMES G. MIXON, Bankruptcy Judge. Christopher S. Mouton (Debtor), one of the joint debtors in this Chapter 13 case, filed this adversary proceeding against Toyota Motor Credit Corporation (Toyota) and First Security Bank (Bank). In his complaint, the Debtor seeks a determination as to the validity and extent of liens and an avoidance of liens and/or a declaratory judgment regarding liens held by Toyota and the Bank in the Debtor's 2009 Toyota Corolla automobile. Toyota...
ORDER DENYING MOTION TO SET ASIDE DEFAULT JUDGMENT AUDREY R. EVANS, Bankruptcy Judge. Now before the Court is the Motion to Set Aside Default Judgment ( "Motion to Set Aside" ) filed by the Defendant, Barclays Bank of Delaware ( "Barclays" ), on February 27, 2012. 1 The Plaintiffs, Gary and Karen Gambill, filed a Response to Defendant Barclays Bank Delaware's Motion to Set Aside Default Judgment and Combined Brief in Support (" Response" ) on March 29, 2012, and Barclays filed a...
MEMORANDUM OPINION AND ORDER DENYING RULE 11 SANCTIONS AND AWARDING FEES AND COSTS RICHARD D. TAYLOR, Bankruptcy Judge. On May 4, 2011, Richard L. Cox, the chapter 7 panel trustee ("Trustee") in the Affiliated Foods Southwest, Inc. ("Affiliated Foods") bankruptcy proceeding, filed a preference and fraudulent transfer action ("Complaint") against, inter alia, Swiss-American, Inc. ("Swiss-American") and Swiss-American Importing Company ("Swiss Importing"). Swiss-American tested the sufficiency...
MEMORANDUM OPINION AUDREY R. EVANS, Bankruptcy Judge. Now before the Court is the Complaint to Determine Dischargeability (" Complaint ") filed by the Plaintiffs, Stephen E. Myers and Siobhan Rigney-Myers, on October 5, 2010. The Defendant, Richard W. Dewese, Jr., filed his Answer to Complaint to Determine Dischargeability (" Answer ") on November 2, 2010. 1 Prior to the trial on this matter, the Court entered an Order Denying Motion for Summary Judgment (" Order Denying Summary...
