MEMORANDUM OPINION JAMES G. MIXON, Bankruptcy Judge. On December 1, 2010, Stephen Caine and Rita Caine (Debtors) filed a voluntary petition for relief under the provisions of Chapter 12 of the United States Bankruptcy Code, thereby becoming the debtor-in-possession. On February 1, 2011, the Debtors filed this adversary proceeding against First State Bank (Bank) to determine the nature and extent of the Bank's lien, and for turnover. On February 17, 2011, the Bank filed an answer to the...
MEMORANDUM OPINION JAMES G. MIXON, Bankruptcy Judge. Timberland Bancshares, Inc. (Bank) initiated this adversary proceeding against Johney and Benita Garrison (Debtors), 1 Renee Williams (Trustee), and Lacamas Laboratories, Inc. (Lacamas). The Bank seeks a declaratory judgment that it holds a valid perfected security interest in the Debtors' Lacamas stock that is superior to any interest held by the Trustee and all other parties. Further, the Bank contends that the Debtors and Lacamas...
ORDER AND OPINION BEN T. BARRY, Bankruptcy Judge. On December 22, 2010, the plaintiffs, Stephen, L. Elaine, and Franklin Fowler [the Fowlers], filed an Amended Complaint for Objection to General Discharge under 11 U.S.C. 727(a)(2), (3), (4), and (5) against the defendants and debtors, Shannon and Melissa Weathers [the Weatherses]. On December 29, 2010, the Weatherses filed an Answer to Amended Complaint for Objection to General Discharge. On March 22, 2011, the Weatherses filed an amended...
MEMORANDUM OPINION AND ORDER RICHARD D. TAYLOR, Bankruptcy Judge. This case involves successive objections by the Chapter 13 Standing Trustee to pre-confirmation amended plans filed by the debtor. Following two evidentiary hearings, two issues remain: (1) whether the principles of res judicata or collateral estoppel prevent the trustee from raising and expanding on an issue that formed the basis of the court's previous ruling sustaining the trustee's objection to confirmation; and (2) if...
MEMORANDUM OPINION AND ORDER RICHARD D. TAYLOR, Bankruptcy Judge. On January 5, 2011, William Thomas Harris, III, the debtor ("debtor"), filed an Objection to Claim ("Objection") as docket entry 67 alleging that Sysco Arkansas, LLC ("Sysco") filed an untimely proof of claim. Sysco responded on February 4, 2011, by filing Sysco Arkansas, LLC's Response to Debtor's Objection to Claim ("Response"). The court held a hearing on the Objection and Response on February 23, 2011. The parties were...
MEMORANDUM OPINION JAMES G. MIXON, Bankruptcy Judge. Renee S. Williams, the trustee in this Chapter 7 bankruptcy case, filed a complaint and two subsequent amended complaints against creditor Pillar Capital Holdings, LLC (Pillar) and its president, Jack Goldenberg. Pursuant to Section 549 of the United States Bankruptcy Code, the Trustee seeks to avoid certain unauthorized post-petition transfers from Living Hope Southwest Medical Services (Debtor) to the two defendants while the Debtor...
