MEMORANDUM OPINION AND ORDER HONORABLE RICHARD D. TAYLOR , UNITED STATES BANKRUPTCY JUDGE . Richard M. Coleman, Jr. ("Coleman") filed his Complaint against the debtor/defendant, C.R. Fields, III ("debtor"), individually and doing business as Arkansas Windows & Siding, seeking to establish damages under Arkansas law for breach of contract, unjust enrichment, fraud, and violation of the Arkansas Deceptive Trade Practices Act. Commensurately, the Complaint alleges that any resulting...
ORDER DENYING MOTION TO RECONSIDER BEN T. BARRY , Bankruptcy Judge . Before the Court is the debtor's Motion to Reconsider Order Denying Motion to Impose Automatic Stay filed on October 5, 2016. To understand the Court's denial of the debtor's motion, a history of this case and the prior filings by the debtor is instructive. The first case filed by the debtor that is relevant was case 4:12-bk-17183. That case was dismissed by the Court on April 13, 2015, and closed on July 23, 2015. The...
ORDER DENYING MOTION FOR RELIEF FROM STAY BEN T. BARRY , Bankruptcy Judge . Before the Court is creditor John Gibson Auto Sales, Inc.'s [Gibson Auto] Motion for Relief From Stay and Abandonment of Collateral filed on February 28, 2016, and the debtor's response filed on March 3, 2016. The collateral at issue is a 2008 Can Am Spyder motorcycle. The Court set the motion and response for hearing on April 5, 2016. At the hearing, the parties requested a continuance to the Court's next division...
MEMORANDUM OPINION Phyllis M. Jones , United States Bankruptcy Judge Before the Court is the Second Amended Complaint to Determine Dischargeability of Debt (the "Complaint" ) filed by the Debtor, Alice Wallace ( "Ms. Wallace" or the "Debtor" ) on September 17, 2015 (Doc. No. 6), and the Answer to the Complaint (the "Answer" ) filed by the Defendant, the United States Department of Education (the "USDE" ) on October 19, 2015 (Doc. No. 13). 1 A trial on the merits was held on...
MEMORANDUM OPINION RICHARD D. TAYLOR , UNITED STATES BANKRUPTCY JUDGE Before the court is a Motion for Avoidance of Lien of Department of Workforce Services ("Motion") filed by the debtor, Tilda Marie Chambers Leaks ("debtor"), on April 7, 2016. Jack W. Gooding, the Chapter 13 Standing Trustee, filed his Trustee's Response to Motion for Avoidance of Lien of Department of Workforce Services as did Daryl E. Bassett, the Director ("Director") of the Arkansas Department of Workforce...
JORDAN, Justice. James Lee Spencer was indicted for murder, aggravated assault, and escape by the Grand Jury of Burke County, was tried before a jury and found guilty and sentenced to death for murder, and ten years each on the charges of aggravated assault and escape to run concurrently with each other. His case is before this court on appeal and for mandatory review of the death sentence imposed. The state's evidence was as follows: L. O. Beazley of the Richmond County Sheriff's Department,...
ORDER OVERRULING OBJECTIONS TO CLAIMS Phyllis M. Jones , United States Bankruptcy Judge . Before the Court are the objections of Matthew and Susan E. Knight (collectively, " Debtors ") to Claims 3, 4, 5, and 6 filed by the Bank of McCrory (" Bank ") in this Chapter 13 case. (Debtors' Objections to Claims 3, 4, 5 & 6, Doc. No. 75). The basis of the Debtors' objections is that a sale of their collateral by the Bank was not commercially reasonable. The Debtors have filed multiple objections...
