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...
