MEMORANDUM OPINION AUDREY R. EVANS, Bankruptcy Judge. Now before the Court is the Complaint to Recover Fraudulent Transfer (" Complaint "). The Complaint was filed by James C. Luker (" Plaintiff ") in his capacity as the Chapter 7 Trustee. The Court held a trial in this adversary proceeding on December 2, 2010. Making appearances before the Court at the trial were Johnathan D. Horton and Kimberly W. Tucker of the firm Wright, Lindsey & Jennings, on behalf of the Plaintiff, and Warren E....
MEMORANDUM OPINION AND ORDER RICHARD D. TAYLOR, Bankruptcy Judge. Before the court is a Complaint to Determine the Priority, Validity and Extent of Liens to Avoid Liens and to Determine Ownership Rights in Proceeds ("Complaint") filed by the chapter 7 trustee, M. Randy Rice ("Rice"). The defendants, Joe Selz ("Selz") and Harold "Tink" Bennett and Bennett Commercial Refrigeration (collectively "Bennett"), filed counterclaims and cross-claims. The court held a trial on August 26, 2010. A...
MEMORANDUM OPINION AND ORDER DENYING MOTION FOR RELIEF FROM STAY AND DENYING MOTION FOR VALUATION OF SECURED CLAIMS AUDREY R. EVANS, Bankruptcy Judge. Now before the Court are the Motion for Relief from Stay (" Motion for Relief ") (docket # 81) and Motion Setting Property Value for Valuation of Secured Claims (" Motion for Valuation ") (docket #83) filed on behalf of National Bank of Arkansas (" National Bank " or " Creditor "). The Court heard arguments and received evidence on these...
MEMORANDUM OPINION AND ORDER RICHARD D. TAYLOR, Bankruptcy Judge. Before the court is a complaint ("Complaint") wherein the debtor, Flora Mae Bateman ("debtor"), 1 objects to the proof of claim filed by Southern Development Corporation ("SDC"). The proof of claim relates to indebtedness incurred when the debtor and her now deceased husband acquired a residence in Jefferson County, Arkansas. The matter was tried on July 19, 2010. The parties had an opportunity to submit post-trial briefs....
