Legal Opinion

Arkansas Development Finance Authority v. Rice (In re Yarnell's Ice Cream Co.)

United States Bankruptcy Court, E.D. Arkansas

Decided February 5, 2013No. Bankruptcy No. 4:11-bk-15542M; Adversary No. 4:12-AP-1047Published

1Opinion of the Court

MEMORANDUM OPINION

JAMES G. MIXON, Bankruptcy Judge.

On August 29, 2011, Yarnell’s Ice Cream Company, Inc. (Debtor) filed a voluntary petition for relief under the provisions of Chapter 7 of the United State Bankruptcy Code. On August 29, 2011, M. Randy Rice was appointed Trustee and continues to perform the duties of Trustee.

On April 4, 2012, Arkansas Development Finance Authority (ADFA), an agency of the State of Arkansas, filed the above-captioned adversary proceeding against the Trustee seeking turnover of property pursuant to 11 U.S.C. § 542 alleging they the ADFA has a first priority…

2Cases cited18 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Lafayette Canada v. Union Electric CompanyCourt of Appeals for the Eighth Circuit · 1997
  4. Burnette v. Dow Chemical Co.Court of Appeals for the Tenth Circuit · 1988
  5. Drown v. Wells Fargo Bank, N.A. (In Re Scott)United States Bankruptcy Court, S.D. Ohio · 2010

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