Motion for Extension of Time to File Certificate denied because a "Certification Regarding Exigent Circumstances" (a separate document prepared by the Debtor’s counsel which meets the requirements set forth in § 109(h)(3)(A)) should be filed instead using the ECF event labeled “Exigent Circumstances re: Credit Counseling” (under miscellaneous events). Not selected for publication.
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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
Court denied Debtor's Motion to Extend the Automatic Stay because it was filed the same day that the automatic stay (as limited by § 362(c)(3)(A)) expired, and the Court may only extend the automatic stay after notice has been provided and a hearing completed before the expiration of the automatic stay. Not selected for publication.
In re Hamilton. Although Judge Evans's procedure with respect to motions to extend the automatic stay under 11 U.S.C. s. 362(c)(3)(B) is to set such motions for hearing before the thirty-day automatic stay expires, the pleading in this instance was stricken due to its many errors and omissions. Not selected for publication.
In re Betty Faye Brown. Where Debtor’s rights in her residence were extinguished under Arkansas' Statutory Foreclosure Act prior to Debtor’s bankruptcy filing, the residence was not property of the Debtor’s bankruptcy estate, and this Court had no jurisdiction to alter Creditor’s rights in the Property through a confirmed chapter 13 plan. Not selected for publication.
Bryant, et al. v. Rosslare, et al. (In re Truly). The Court Granted Plaintiffs’ Motion for Attorney Fees. The Court found that reasonable attorney fees and costs should be awarded to Plaintiffs in defending removal to this Court where at the time the Removing Defendants filed their Notice of Removal, they had no objectively reasonable grounds to believe that the removal was legally proper. Not selected for publication.
Even though Chapter 13 Trustee held sufficient funds to pay all allowed claims, the court granted Debtor's motion to dismiss their case prior to payment; however, dismissal was conditioned for cause pursuant to 11 U.S.C. s. 349(b) on payment of all allowed claims and retention by the Chapter 13 Trustee of any remaining funds for resolution of outstanding claim based on pending state court lawsuit. Not selected for publication. Affirmed on appeal to the United States District Court for the Eastern District of Arkansas
Bryant, et al. v. Rosslare, et al. (In re Truly). Plaintiffs’ Motion to Remand to State Court was Granted. Despite having “related to” jurisdiction in this matter, the Court exercised its powers of discretionary abstention under 28 U.S.C. § 1334(c)(1) and remanded this case to the Greene County Circuit Court on equitable grounds under 28 U.S.C. § 1452(b) where federal preemption did not provide the basis for the bankruptcy court to retain jurisdiction over this case. The Court also found that the Defendants, having previously asserted in their written pleadings to this Court that this was a non-core proceeding, were estopped from arguing that this was a core proceeding at the hearing. Not selected for publication.
Judge Richard D. Taylor
Court denied debtor's motion to extend the exigent circumstances exemption because the predicate certification of exigent circumstances was not in proper form. Certification requires (1) a description of exigent circumstances the merit a waiver of the credit counseling requirement, (2) a statement that the debtor was unable to obtain credit counseling within 5 days prior to filing the petition, and (3) that the certification is satisfactory to the court. Not selected for publication.
Although a dower interest is property of the estate, the debtor is incapable of taking any action to effectuate the turnover of her dower interest to the trustee. Accordingly, trustee’s motion for turnover is denied because he cannot use, sell, or lease the dower interest under 11 U.S.C. § 363 as required by § 542(a).
Collateral estoppel doctrine precludes court from hearing complaint for willful and malicious injury because same issue was determined by state court.