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).
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Notice: Not all of the Judges Opinions will be made available on this site. Individual Judges have the option of specifying that all, some or none of their opinions be posted.
Audrey R. Evans
Motion for refund of filing fee denied where second duplicate bankruptcy case filed three months after first bankruptcy case, and motion to dismiss second case filed 12 days after second bankruptcy filing. Not Selected for Publication. Available at 2003 WL 21403732 (Bankr. E.D. Ark. 2003).
Debtor's Motion for turnover and contempt, which the Court treated as motion for damages, granted where Court found creditor's evidence was not credible due to intentional misrepresentations and where creditor failed to return repossessed vehicle following notification of debtor's bankruptcy filing.Not selected for publication. Available at 2003 WL 21402570 (Bankr. E.D. Ark. 2003).
Removed State Court lawsuit remanded to Saline County Circuit Court pursuant to § 1334(c)(1)-(2) (discretionary and mandatory abstention) and § 1452(b) (equitable remand); motion to transfer venue to Delaware Bankruptcy Court denied. In re Frelin, et al. v. Oakwood Homes Corp., et al., 292 B.R. 369 (Bankr. E.D. Ark. 2003).
Motions to Dismiss Chapter 11 case with Prejudice granted; debtor's multiple bankruptcy filings constitute an attempt to use bankruptcy to obstruct state court proceedings thus demonstrating bad faith on the part of the debtor and an abuse of the bankruptcy process which warrants dismissal with prejudice. In re Adams , 292 B.R. 365 (Bankr. E.D. Ark. 2003).
Motion for ex parte relief from automatic stay granted; debtor did not show sufficient special circumstances to warrant relief from an agreed order.Not selected for publication. Available at 2003 WL 21397832 (Bankr. E.D. Ark. 2003).
Court found cause to reconsider allowed claim under 11 U.S.C. s. 502(j). In re Edith Smith, 290 B.R. 102 (Bankr. E.D. Ark. 2003).
This order was replaced by Amended Order Sustaining Objection to Claim entered February 20, 2003. Where confirmed Chapter 13 plan and an allowed claim are inconsistent, and confirmation order was entered prior to order allowing claims, the provisions of the confirmed plan control under 11 U.S.C. s. 1327(a) provided the creditor had notice of the plan and the confirmation process.
Judge Richard D. Taylor
The Court dismissed the chapter 13 case under 11 U.S.C. § 305 after finding there was no valid purpose under the facts reorganization, and that the interests of both the debtor and the creditors would be better served in another forum.
The Court denied the debtors' motion to allow late filing of appeal finding that the debtors failed to file a notice of appeal within the time allowed by the bankruptcy rules, and, as a result, the Court had no authority to grant the motion.