The trustee's and creditor's objections to debtor's claim of exemptions were sustained because debtor did not impress homestead character or maintain actual occupancy on the remaining homestead property sufficient to allow debtor to claim a right to homestead exemption.
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Judge Richard D. Taylor
Motion for reconsideration is denied. Under Federal Rule of Bankruptcy Procedure 9023 the motion was untimely because it was not filed within 10 days of the entry of the judgement. Under Federal Rule of Bankruptcy Procedure 9024 the defendant failed to state a reason that would justify reconsideration of the order.
Motion to add joint debtor by amending his voluntary petition is denied for the following reasons: (1) to avoid prejudice to creditors and (2) because there was no clear authority permitting such an amendment.
Audrey R. Evans
Plaintiff-Trustee's Motion for Summary Judgment granted. The Court found that Defendant-Creditor's filing of the financing statement with circuit court clerk where Debtor resided was an ineffective method for perfecting a security interest interest in Debtor's all-terrain vehicle (ATV). For effective perfection of a security interest in an ATV, Arkansas law requires that the lien be noted on the certificate of title. Not Selected for Publication. Available at 2003 WL 21698752 (Bankr. E.D. Ark. 2003).
Complaint to determine amount of child support arrearage dismissed for failure to state a claim upon which relief may be granted. Child support obligations are non-dischargeable, and the Court cannot enter an advisory opinion regarding the amount of the child support obligations; rather, the Debtor must seek that relief in the appropriate state court.Not selected for publication. Available at 296 B.R. 808 (Bankr. E.D. Ark. 2003).
Order to Show Cause why Debtor should not be held in criminal contempt for violating prior order.
Extraordinary relief of retroactive annulment of automatic stay and ratification of foreclosure sale warranted where Debtor repeatedly abused the bankruptcy code through ten bankruptcy filings, the most recent of which was in violation of a prior court order prohibiting further filings. In re Webb, 294 B.R 850 (Bankr. E.D. Ark. 2003).
Relief from automatic stay granted as to Debtor's real estate where creditor complied with requirement of Arkansas Statutory Foreclosure Act, despite Debtor's alleged lack of actual notice of the foreclosure sale.Not selected for publication. Available at 2003 WL 21540996 (Bankr. E.D. Ark. 2003).
Creditor's Motion for Relief in rem From the Automatic Stay granted in part as to real property of Spouse and Debtor, even though co-owner Spouse was not a party to this proceeding, where Debtor and Spouse have alternated in filing bankruptcy petitions for the purpose of thwarting foreclosure, for a total of 6 petitions within 6 years. The in rem Order held that the filing of a future bankruptcy petition by any individual or entity will not extend the protection of the automatic stay of 11 U.S.C. 362(a) to the subject real property for a period of six (6) months from the date of entry of the Order. In re Roeben, 294 B.R. 840 (Bankr. E.D. Ark. 2003). (See Order)
Where debtor-creditor relationship is not at issue (such as in the claims allowance process), Debtor is entitled to jury trial on issue of whether creditor converted and damaged her personal property; however, Debtor has no right to jury trial on issue of whether creditor violated the automatic stay. In re Patricia Quarles v. Wells Fargo Home Mortgage, Inc., 294 B.R. 729 (Bankr. E.D. Ark. 2003).