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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

Order to Show Cause why Debtor should not be held in criminal contempt for violating prior order.

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).

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).

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.

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