Legal Opinion
Evans v. Bank of Eureka Springs (In Re Evans)
United States Bankruptcy Court, W.D. Arkansas
Decided March 10, 2000No. Bankruptcy No. 97-80694M. Adversary No. 98-8034PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
JAMES G. MIXON, Chief Judge.
The issue before the Court is whether the pending state criminal prosecution of Floyd Carroll Evans (“Debtor”) is a continuation or commencement of an action to collect a debt from the Debtor in violation of the Bankruptcy Code’s discharge injunction.
The Debtor filed this adversary proceeding to enjoin the Bank of Eureka Springs (“Bank”); John Cross, president of the Bank; and others from proceeding with the criminal prosecution of the Debtor. After a hearing on the merits of the complaint on November 15, 1999, at Fayette-ville, Arkansas, the…
2Cases cited26 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Perez v. LedesmaSupreme Court of the United States · 1971
- Barnette v. EvansCourt of Appeals for the Eleventh Circuit · 1982
- Linan-Faye Construction Co., Inc. v. Housing Authority of the City of CamdenCourt of Appeals for the Third Circuit · 1995
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3Cited by3 opinions
- In Re PriceUnited States Bankruptcy Court, N.D. Ohio · 2007
- Conway v. National Collegiate Trust (In re Conway)United States Bankruptcy Court, E.D. Missouri · 2013
- Evans v. Bank of Eureka Springs (In Re Evans)United States Bankruptcy Court, W.D. Arkansas · 2003