ORDER DENYING JURY DEMAND AUDREY R. EVANS, Bankruptcy Judge. Now before the Court is a Demand for Trial by Jury filed by the Defendant, Bank of America, N.A. ("BANA"). (Dkt. No. 59). The Plaintiff, Stephanie A. Calderon, filed a voluntary Chapter 13 bankruptcy petition on April 21, 2011. She then filed an adversary complaint against various entities, alleging that they had willfully violated the automatic stay. The Plaintiff amended her complaint on January 23, 2013, to name BANA as a...
ORDER JAMES G. MIXON, Bankruptcy Judge. On April 1, 2013, Doug Wilson Insurance Agency, Inc. (Debtor) filed a voluntary petition for relief under the provisions of Chapter 11 of the United States Bankruptcy Code. On April 2, 2013, First Security Bank (First Security) filed a motion for relief from the automatic stay concerning a tract of real property located in White County, Arkansas, and a tract of real property located in Lonoke County, Arkansas. After a hearing in Little Rock, Arkansas,...
MEMORANDUM OPINION AS TO CORE CLAIMS AND PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AS TO NONCORE CLAIMS AUDREY R. EVANS, Bankruptcy Judge. Table of Contents PROCEDURAL BACKGROUND .............................................................564 OVERVIEW ..........................................................................565 JURISDICTION ......................................................................565 FACTS ....................................................................
OPINION RICHARD D. TAYLOR, Bankruptcy Judge. On April 10, 2012, plaintiffs Mary D. Carter ("Carter") and her attorney, Michael D. Ray ("Ray"), filed a Complaint and Objection to Discharge of Debt and Dischargeability of Debt ("Objection"). The debtor, Ricky W. Patterson ("Patterson"), filed his Answer to Complaint and to Objection to Discharge of Debt and Dischargability of Debt ("Answer") on May 10, 2012. In the Objection, Carter and Ray seek a denial of discharge based on 11 U.S.C....
MEMORANDUM OPINION JAMES G. MIXON, Bankruptcy Judge. On August 29, 2011, Yarnell's Ice Cream Company, Inc. (Debtor) filed a voluntary petition for relief under the provisions of Chapter 7 of the United State Bankruptcy Code. On August 29, 2011, M. Randy Rice was appointed Trustee and continues to perform the duties of Trustee. On April 4, 2012, Arkansas Development Finance Authority (ADFA), an agency of the State of Arkansas, filed the above-captioned adversary proceeding against the...
PROPOSED ORDER GRANTING PLAINTIFF'S APPLICATION FOR ATTORNEY FEES AND COSTS AUDREY R. EVANS, Bankruptcy Judge. Now before the Court is an Application for Approval of Cumulative Compensation for Attorney Fees and Costs ( "Fee Application" ) filed by Joel G. Hargis, Kathy Cruz, and Annabelle Lee Patterson ( "Plaintiffs Counsel" ), on behalf of Shawn Michael Humes (the "Plaintiff ), the debtor in the above-captioned bankruptcy case. The Plaintiff prevailed in an adversary proceeding against...
ORDER GRANTING MOTION TO REMAND AND MOTION TO ABSTAIN AUDREY R. EVANS, Bankruptcy Judge. Now before the Court is a Motion to Remand and for Abstention, filed by Gary D. Jiles, on behalf of Farmers Bank and Trust Company ( "Farmers" ). Farmers's motion comes in response to a Petition of Removal filed by Marshall S. Ney, on behalf of Wal-Mart Stores, Inc. ( "Wal-Mart" ). Wal-Mart removed a state foreclosure action commenced by Farmers that was pending in the Circuit Court of Mississippi...
