MEMORANDUM OPINION HONORABLE RICHARD D. TAYLOR , UNITED STATES BANKRUPTCY JUDGE . The debtors filed their voluntary Chapter 11 bankruptcy petition in the United States Bankruptcy Court, Eastern District of Arkansas, on June 3, 2009. On motion and with the debtors' consent, the court converted their case to a Chapter 7 proceeding on January 28, 2014, and appointed M. Randy Rice ("Trustee") as trustee of the debtors' estate. The Trustee and a creditor, Arvest Bank ("Arvest"), filed...
ORDER Before the Court is the debtor's complaint filed on February 11, 2015, to determine the dischargeability of a debt arising from a state court order. The state court ordered the debtor to pay the defendant's attorney fees, which were awarded in relation to the debtor's motion for a change of custody. In her complaint, the debtor also requests that the Court disallow the defendant's claim that alleges the debt to be a priority claim under 11 U.S.C. 507(a)(1). The defendant answered the...
MEMORANDUM OPINION HONORABLE RICHARD D. TAYLOR , UNITED STATES BANKRUPTCY JUDGE . Otter Creek Homeowners' Association ("Otter Creek") filed a Complaint to Determine Dischargeability of Debt and Declaratory Relief ("Complaint") seeking to determine if postpetition homeowners' association fees and assessments owed by the Chapter 13 debtor, Cathy Davenport ("debtor"), are dischargeable. Both Otter Creek and the debtor appeared through counsel at trial on June 25, 2015; thereafter, the...
CHAPTER 13 MEMORANDUM OPINION RICHARD D. TAYLOR , UNITED STATES BANKRUPTCY JUDGE Before the court is an Amended/Modified Motion to Determine Violation of the Automatic Stay, and Motion to Void the Sale of Property ("Amended Motion") filed by Fred Ausburn and Janet L. Ausburn, the debtors ("debtors"), on December 1, 2014, at docket entry 18, and a Response to Amended/Modified Motion to Determine Violation of the Automatic Stay, and Motion to Void the Sale of Property ("Response")...
ORDER Phyllis M. Jones , United States Bankruptcy Judge . Before the Court is the Objection to Confirmation of Plan as Amended Pre-Confirmation (the " Objection "), filed by Jack W. Gooding, Chapter 13 Trustee (" Trustee "), on December 29, 2014 (Doc. No. 56), objecting to the Modification of Chapter 13 Plan (the " Modified Plan ") filed by Tammy Lynn Welsh (the " Debtor ") on December 17, 2014 (Doc. No. 55). The Objection was heard on April 21, 2015. The Trustee appeared by and through...
ORDER ON REMAND FROM THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS Phyllis M. Jones , United States Bank Bankruptcy Judge . This matter is before the Court on remand from the United States District Court for the Eastern District of Arkansas. Clear Sky Properties, LLC, an Arkansas limited liability company ("Clear Sky"), and LuAnn Deere ("Deere") (collectively, "Plaintiffs") filed this adversary proceeding against Debtor Blake Roussel ("Roussel") to have this Court...
ORDER Ben Barry , United States Bankruptcy Judge . Before the Court is the complaint of the United States, Social Security Administration [SSA] filed on September 2, 2014, and the answer of the debtor, Pamela Drummond, filed on September 11, 2014. The Court held a trial on the merits on April 9, 2014, and, at the conclusion of trial, took the matter under advisement. For the reasons stated below, the Court grants SSA's complaint. The Court has jurisdiction over this matter under 28 U.S.C....
