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Summary: 58 B.R. 171 (1985) In re Randolph KERR a/k/a Randy Kerr, Debtor. Edward F. BUNCH, James Burge, Gilbert G. Caver, David F. Gruenewald, Robert H. McKinney and Larry E. Motley, Plaintiffs, v. Randy KERR, Defendant. Randolph Kerr (debtor) filed a voluntary petition for bankruptcy under Chapter 7 of the Bankruptcy Code on July 27, 1984. Each of these plaintiffs was an investor in an apartment/condominium project known as North Oaks Townhouses which was an investment package arranged by the debtor, Ra......read more.


Summary: 238 B.R. 444 (1999) In re TRUCK ACCESSORIES DISTRIBUTING, INC., Debtor. On December 22, 1998, Truck Accessories Distributing, Inc. ("Debtor") filed a voluntary petition for relief under the provisions of chapter 7. Homestead alleged that it was the owner of certain truck bedliners and rails in the Debtor's possession pursuant to a warehousing agreement with the Debtor and that these items were not property of the estate. The Debtor was engaged in the wholesale and retail business of selling *446......read more.


Summary: 86 B.R. 152 (1988) In re HOLLIS AND COMPANY. April 25, 1988. BNE contends that Trustee's Complaint should be dismissed pursuant to Rules 4, 12(b)(2) and 12(b)(5) of the Federal Rules of Civil Procedure and Bankruptcy Rule 7012(b), for failure to obtain service of Complaint upon the proper party within the 120 day time limit stated in Rule 4(j), Federal Rules of Civil Procedure and Bankruptcy Rule 7004(a). BNE also contends that the Complaint should be dismissed because the fraud allegations cont......read more.




Summary: 82 B.R. 64 (1987) In re BRITTENUM & ASSOCIATES, INC., Debtor. On January 30, 1986, the United States District Court for the Eastern District of Arkansas entered an order pursuant to 15 U.S.C. § 78eee(b)(1) of the Securities Investor Protection Act of 1970 (SIPA), stating that the customers of Brittenum & Associates, Inc. (debtor), a securities dealer, were in need of SIPA protection. The term "customer" is defined in SIPA as follows: The term `customer' of a debtor means any person (including an......read more.




Summary: 218 B.R. 900 (1997) In re Aaron Monroe GIBSON, Debtor. This matter is before the Court upon the objection to confirmation of the proposed modified plan of Aaron Gibson ("Debtor") filed by Newcourt Financial, a division of Newcourt Financial Inc. ("Newcourt"). The policy listed the Debtor as the named insured and Newcourt as the loss payee as required by the Debtor's contract with Newcourt. On October 25, 1996, the Debtor filed a post-confirmation modification of plan proposing to surrender the D......read more.


Summary: 422 B.R. 175 (2010) In re Lynda Gayle JENKINS, Debtor. Pending before the Court is an objection to confirmation of a Chapter 13 plan and a motion for relief from the automatic stay, both filed by CitiMortgage, Inc. in the bankruptcy case of Lynda Jenkins, Debtor. Because the Court rules that the sale was not final at the conclusion of the auction and that the Debtor's proposed plan complies with the bankruptcy code, the Court finds it unnecessary to address the Debtor's second argument. (5) notw......read more.


Summary: 231 B.R. 746 (1999) In re Murray F. ARMSTRONG. Celotex, 477 U.S. at 322, 106 S. Ct. 2548; Richmond v. Board of Regents of the University of Minnesota, 957 F.2d 595, 597 (8th Cir.1992). In re Hartley, 52 B.R. 679 (Bankr.N.D.Ohio1985); accord Gray v. Giant Wholesale Corp., 758 F.2d 1000 (4th Cir.1985). Even accepting all of the trustee's allegations and considering the trustee's evidence, i.e., knowing of Armstrong's check-kiting, permitting the debtor to be overdrawn, determining which deposits w......read more.


Summary: 172 B.R. 597 (1994) In re Rick D. COSSEY, Debtor. *598 Ron L. Goodman, Little Rock, AR, for debtor Rick D. Cossey. BACKGROUND The debtor married Cheryl Anne Cossey Potter (Potter) on August 25, 1979, and in 1984, while married to Potter, the debtor suffered an injury on a construction job in the state of New York. On November 18, 1989, the debtor and Potter entered into an agreement regarding the proceeds of the lawsuit settlement that provided as follows: In consideration of the execution of th......read more.


Summary: 246 B.R. 600 (2000) In re Leslie WILSON. Leslie Wilson, Plaintiff, v. Cumis Insurance Society, Inc., and John D. Holmes, Prosecuting Attorney for Harris County Texas, in His Official Capacity Only, Defendants. BAP 1999)(proceeding to enforce the § 524 discharge injunction); DeAngelis v. Laskey (In re DeAngelis), 239 B.R. 426 (Bankr.D.Mass.1999)(determination of dischargeability of income taxes), Schmitt v. Missouri Western State College (In re Schmitt), 220 B.R. 68 (Bankr.W.D.Mo.


Summary: 182 B.R. 538 (1995) In re BANCROFT CAP COMPANY, Debtor. On May 17, 1993, Bancroft Cap Company (Debtor) filed a voluntary petition for relief under the provisions of chapter 11 of the United States Bankruptcy Code. Bonanno filed a response objecting to the Debtor's motion because the Debtor did not file an objection to its claim within the ninety-day period provided for in the plan.


Summary: 267 B.R. 845 (2001) In re GWK, INC. a/k/a Ole South Pancake House, Inc. Wes Kirtley and Rock City Foods, Inc., Plaintiffs, v. James E. Ellis, Jr., Edwin Charles Ellis, Ole South Pancake House, Inc., Defendants. Prior to the filing of Cox v. Ellis, Wes Kirtley and Rock City Foods filed a complaint in state court against James Ellis, Edwin Ellis and Ole South Pancake House, Inc., for breach of contract, quantum meruit, tortious interference with contractual relations, and requested punitive damage......read more.


Summary: 360 B.R. 902 (2007) In re Darrell Cecil LAYMON and Deborah Kay Laymon, Debtors. CenturyTel of Northwest Arkansas, LLC d/b/a CenturyTel, Plaintiff, v. Darrell Cecil Laymon and Deborah Kay Laymon, Defendants. Before the Court is plaintiff CenturyTel of Northwest Arkansas, LLC's [CenturyTel] Motion for Summary Judgment on Amended and Rested Complaint for Decflaratory Judgment filed on October 16, 2006, and debtors Darrell Cecil Laymon's and Deborah Kay Laymon's Response to Plaintiffs' Motion for Su......read more.


Summary: 208 B.R. 463 (1997) In re Burma Jean MARTIN. The trustee seeks to settle lawsuits between the debtor and Barnett Goodstein, Goodstein & Starr, P.C, v. Martin, No CC8810654-E and Martin v. Goodstein, No. 92-3900. In 1988, after Goodstein learned that Martin had given birth to a daughter, he filed a lawsuit against Martin for attorneys fees for services rendered during their relationship.


Summary: 460 B.R. 234 (2011) In re Daniel L. JOHNSON and Susan D. Johnson, Debtors. In a consolidated hearing on July 14, 2011, the Court heard the Objection to Confirmation of Plan filed by Chase Home Finance, L.L.C. ("Chase") in the case of Daniel and Susan Johnson, Case No. 3:10-bk-19119 (the "Johnson Objection to Confirmation"); the Objection to Confirmation of Plan filed by J.P. Morgan Chase Bank, N.A. ("J.P. Morgan") in the case of Tammy Renae Peeks, Case No. 3:11-bk-10602 (the "Peeks Objection to ......read more.


Summary: 165 B.R. 450 (1994) In re Jerry WAUGH. The Motion to Abstain from Exercising Jurisdiction and to Dismiss Case, filed on February 8, 1994, to which the debtor responded on March 9, 1994. Cf. In re Bowen, Inc., 150 B.R. 777 (Bankr.D.Idaho) (timely where filed within 7 days of removal); In re Indian Creek Route, Inc., 144 B.R. 561 (Bankr.S.D.Fla.1992) (timely where motion filed within 20 days of service of complaint); Davis v. Mahlmann (In re Mahlmann), 149 B.R. 866 (N.D.Ill.1993) (motion for withd......read more.


Summary: 154 B.R. 531 (1993) In re Peggy Carroll COWDEN. David H. COWDEN IV and John Kenneth Cowden, Plaintiffs, v. Richard L. RAMSAY, Trustee for the Estate of Peggy Carroll Cowden, Debtor, Defendant. In anticipation of a divorce, David Cowden III cleaned out the joint accounts and safety deposit boxes he held with his wife, Peggy Carroll Cowden. His children held accounts titled "David H. Cowden IV, minor, by David Cowden III and Peggy Cowden" and "John Kenneth Cowden, minor, by Peggy Cowden." Fearing ......read more.


Summary: 261 B.R. 227 (2001) In re Valaria Jean USSERY. THIS CAUSE is before the Court upon the objection to the debtor's chapter 13 plan, filed on March 9, 2001, and amended on March 22, 2001.


Summary: 83 B.R. 588 (1988) In re HOLLIS & CO. February 18, 1988. The movant contends that Trustee's Counts I and II should be dismissed pursuant to Rule 12(b)(6) Federal Rules of Civil Procedure and Bankruptcy Rule 7012 for failure to state a claim upon which relief can be granted, pursuant to Rule 9(b) Federal Rules of Civil Procedure and Bankruptcy Rule 7009 for failure to plead circumstances constituting fraud or fraudulent conveyance with particularity, and pursuant to Rule 9(f) Federal Rules of Civ......read more.