ORDER AND OPINION FINDING DEBT NONDISCHARGEABLE BEN BARRY , Bankruptcy Judge . On February 14, 2019, Russell Zachary [Zachary or plaintiff] filed his Complaint to Determine Nondischargeability of Debt [complaint], seeking a determination that the judgment he obtained against Justin Hampton [defendant or debtor] in state court is nondischargeable under 11 U.S.C. 523(a)(6). On March 3, 2019, the defendant filed his Answer to Complaint to Determine Nondischargeability of Debt. The Court...
ORDER AND OPINION BEN BARRY , Bankruptcy Judge . Before the Court are the following: Crain K of Fayetteville, LLC's [Crain or creditor] Motion for Relief from Stay, filed June 26, 2019; the debtor's Response to Motion for Relief from Automatic Stay, filed June 27, 2019; the debtor's Objection to Claim, filed June 26, 2019; Crain's Response to Objection to Claim, filed July 22, 2019; and Crain's Objection to Confirmation of Amended Plan, filed August 6, 2019. The Court held a...
ORDER AND OPINION FINDING DEBTS NONDISCHARGEABLE BEN BARRY , Bankruptcy Judge . On July 6, 2018, Guillermo R. Contreras [Contreras or plaintiff] filed this adversary proceeding against Victor Felipe Arguelles [defendant or debtor]. In his complaint, the plaintiff seeks a determination that the state court judgment he obtained against the debtor is nondischargeable under 11 U.S.C. 523(a)(2)(A) or, alternatively, under 11 U.S.C. 523(a)(4). On August 9, 2018, the debtor filed an answer to...
ORDER AND OPINION DETERMINING VALIDITY, PRIORITY, AND EXTENT OF LIEN AND DENYING MOTION TO AVOID LIEN Ben Barry , United States Bankruptcy Judge . Tracy Ivy [Ivy or the debtor] filed his chapter 7 case on April 8, 2016, and received his discharge on July 20, 2016. On August 2, 2017, the debtor filed this adversary proceeding against U.S. Bank National Association [US Bank or the bank]. In his complaint, the debtor seeks a determination of the validity, priority, and extent of US Bank's...
ORDER AND OPINION DENYING MOTION TO CONVERT OR DISMISS Ben Barry , United States Bankruptcy Judge . On August 16, 2018, the debtor filed the above-captioned chapter 7 bankruptcy case. On November 23, 2018, creditor Bankers Healthcare Group [BHG] filed its Motion to Convert Case to Chapter 11 or in the Alternative Dismiss, with Notice of Opportunity to Object. On December 12, 2018, the debtor filed an objection to BHG's motion. On December 17, 2018, chapter 7 trustee Bianca Rucker filed...
OPINION AND ORDER BEN BARRY , Bankruptcy Judge . Before the Court is the debtor's second Motion For Contempt For Violation of Discharge Order filed in this case on February 8, 2018. The first motion was filed on January 19, 2017. In the first motion, the debtor asked the Court to find that the debtor's loan servicers, Ocwen Loan Servicing, LLC [Ocwen] and Fay Servicing LLC [Fay], violated the bankruptcy code's discharge injunction (11 U.S.C. 524(a)(2)), the Arkansas Fair Debt...
OPINION AND ORDER GRANTING ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION'S MOTION FOR SUMMARY JUDGMENT AND DENYING DEBTOR'S MOTION FOR SUMMARY JUDGMENT Ben Barry , United States Bankruptcy Judge . Before the Court are the cross-motions for summary judgment filed by the debtor, Stacy Kline, and Arkansas Department of Finance and Administration [ADFA]. The debtor filed his motion on November 10, 2017; ADFA filed its motion on November 12, 2017. In making its decision, the Court...
OPINION AND ORDER BEN BARRY , Bankruptcy Judge . Before the Court is the debtor's Motion For Contempt For Violation of Discharge Order, filed on January 19, 2017. In his motion, the debtor asks the Court to find that Ocwen Loan Servicing, LLC [Ocwen] and Fay Servicing LLC [Fay] violated the bankruptcy code's discharge injunction (11 U.S.C. 524(a)(2)), the Arkansas Fair Debt Collection Practices Act (Ark. Code Ann. 17-24-504), and the Federal Fair Debt Collection Practices Act (15 U.S....
OPINION AND ORDER Ben Barry , United States Bankruptcy Judge . Before the Court is the Complaint to Discharge Student Loans filed by the debtor on May 3, 2017, and the Answer of Defendant United States Department of Education filed on June 6, 2017. In her complaint, the debtor seeks a determination that the student loan debt that she owes to the U.S. Department of Education [DOE] is nondischargeable under 11 U.S.C. 523(a)(8) because its payment would impose an undue hardship on the...
MEMORANDUM OPINION HONORABLE RICHARD D. TAYLOR , UNITED STATES BANKRUPTCY JUDGE . Before the court is a Motion to Determine Extent and Validity of Lien or in the Alternative Motion to Declare Mortgage Satisfied ("Complaint") filed by Timikia Leann Smith ("debtor") on June 20, 2016. Nationstar Mortgage, LLC ("Nationstar") filed an Answer/Response to Motion to Determine Extent and Validity of Lien or in the Alternative Motion to Declare Mortgage Satisfied ("Answer") on June 28, 2016. 1...
OPINION AND ORDER DENYING COMPLAINT TO DETERMINE DISCHARGEABILITY AND DENYING CONFIRMATION OF DEBTOR'S PLAN BEN BARRY , Bankruptcy Judge . On February 28, 2017, the debtor's ex-spouse, Jennifer Starnes, filed a complaint to determine the dischargeability of a debt related to payments on a 2010 Dodge Charger. According to Ms. Starnes, the debtor's obligation to pay the debt, which was memorialized in the parties' Decree of Absolute Divorce, was in the nature of a domestic support obligation...
ORDER AND OPINION DENYING BANK OF GRAVETT'S COMPLAINT Ben Barry , United States Bankruptcy Judge . On April 27, 2017, Bank of Gravett [the bank] filed the above-captioned adversary proceeding. In its adversary proceeding, the bank alleged that two debts owed by the debtor to the bank are nondischargeable under 11 U.S.C. 523(a)(2), (a)(4), and (a)(6). On May 26, 2017, the debtor filed his answer. The Court held a trial on August 15, 2017. 1 Paul L. Davidson appeared on behalf of the...
MEMORANDUM OPINION AND ORDER DISMISSING ADVERSARY PROCEEDING BEN BARRY , Bankruptcy Judge . Before the Court is the debtor's Complaint Seeking Damages in Core Adversary Proceeding For Violation of the Automatic Stay, and Related Claims, filed on October 5, 2016, and the defendants' answer filed on November 2, 2016. The Court scheduled a trial on the merits on July 31, 2017. However, upon further consideration by the Court, the Court finds that debtor cannot proceed with her complaint for...
OPINION AND ORDER DISMISSING COMPLAINT Ben Barry , United States Bankruptcy Judge . Before the Court is the chapter 7 trustee's complaint filed on February 26, 2016, that alleges that a 363 sale that was authorized by the Court on February 12, 2014, could have resulted in a higher benefit to the estate had certain disclosures been made to the Court and creditors prior to the sale. As detailed below, on July 1, 2016, in accord with the Court's staging order, the defendants filed their...
ORDER BEN BARRY , Bankruptcy Judge . Before the Court are the chapter 7 trustee's Plaintiff's Motion For Order Imposing Sanctions For Defendants' Violations of FRBP Rule 2019 filed on August 18, 2016; the Participating Defendants' Opposition to Plaintiff's Motion For Order Imposing Sanctions For Defendants' [Alleged] Violations of Fed. R. B. P. 2019 filed on November 13, 2016; and Plaintiff's Reply Memorandum re Motion For Order Imposing Sanctions For Defendants' Violations of FRBP...
OPINION AND ORDER GRANTING MOTION TO DISMISS Ben Barry , United States Bankruptcy Judge On August 4, 2016, K. Rex Mayfield [the debtor] filed the above-captioned chapter 13 bankruptcy case. On September 28, 2016, the debtor's ex-wife, Suzanne Mayfield [Mayfield] filed a motion to dismiss the debtor's case for cause and on November 16, 2016, filed a motion for relief from stay. The Court held a hearing on Mayfield's motions on November 29, 2016. Sherry Daves appeared on behalf of the...
MEMORANDUM OPINION AND ORDER BEN BARRY , Bankruptcy Judge . Before the Court are the debtors' Adversary Complaint to Determine Validity of Secured Status Under 11 U.S.C. 506, Violation of the Fair Debt Collection Practices Act and Related Matters filed on July 13, 2015, and Nationstar Mortgage LLC's Motion to Dismiss Complaint and Incorporated Brief in Support filed on August 11, 2015. The Court initially set the motion to dismiss by Nationstar Mortgage LLC [Nationstar] for hearing...
ORDER SUSTAINING OBJECTION TO CLAIM OF IRS BEN T. BARRY , Bankruptcy Judge . Before the Court are the Objection to Tax Claim filed by the debtor on September 13, 2016, and the Answer to Debtor's Objection to Tax Claim filed by the United States of America [IRS] on October 13, 2016. The Court heard the objection and response on November 29, 2016, and at the conclusion of the hearing, took the matter under advisement. For the reasons stated below, the Court sustains the debtor's...
ORDER GRANTING IN PART AND DENYING IN PART PARTICIPATING DEFENDANTS' MOTION TO DISMISS BEN T. BARRY , Bankruptcy Judge . Before the Court is the Motion to Dismiss Plaintiff's Corrected and Substituted First-Amended Complaint and Memorandum in Support Thereof filed by the "Participating Defendants" on July 1, 2016; the Plaintiff's Opposition to Participating Defendants' Motion to Dismiss filed by the trustee on July 29, 2016; and the Participating Defendants' Reply in Support of Motion...
ORDER DENYING MOTION TO REOPEN BEN T. BARRY , Bankruptcy Judge . Before the Court is the debtor's Motion to Reopen Case that was filed on May 20, 2016. The stated purpose for reopening the case is to add an omitted creditor, Brandy Allen, to the debtor's schedules and file a complaint to determine the dischargeability of a debt. According to the creditor, she was not aware of the debtor's bankruptcy case until her attorney was served a copy of the debtor's motion to reopen in May 2016....
