Lindsey Family Trust v. Cauthron

Donald L. Corbin, Chief Judge.

This case comes to us from the Circuit Court of Sebastian County. Appellants, the Lindsey family trust, James E. Lindsey, Trustee, and Giles A. Sexton, M.D., appeal the trial court’s grant of a motion for summary judgment. We reverse and remand.

This appeal raises the question of whether a motion for summary judgment was improperly granted on the basis of the Automatic Stay provision of the United States Bankruptcy Code, 11 U.S.C. § 362(a)(2) (1986). Appellees, Billy J. Cauthron, Sebastian County Sheriff, and his surety, Western Surety Company, argued below, and…