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Opinions

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

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.

Vendor's lien has priority over subsequent repairmen's lien pursuant to Ark. Code Ann. § 18-45-202(b). Not selected for publication. Available at 2003 WL 21403670 (Bankr. E.D. Ark. 2003).

Debtor's motion to set aside and motion to clarify or correct 1998 order approving settlement agreement denied because Debtor had previously requested such relief on at least two occasions and such relief had been denied. Debtor's petition for permission to sue the chapter 7 trustee and his counsel in state court denied for failure to set forth a prima facie case for relief. Debtor's behavior in repeatedly requesting the same relief despite numerous decisions against her warrants sanctions under bankruptcy Court's inherit power to sanction parties appearing before it. In re Burma Jean Martin, 287 B.R. 423 (Bankr. E.D. Ark. 2003).

Judge Richard D. Taylor

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.

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