IN RE ARKANSAS COMMUNITIES, INC.

No. 83-6011.

33 B.R. 800 (1983)

In re ARKANSAS COMMUNITIES, INC. Debtor in Possession. ARKANSAS POWER AND LIGHT COMPANY, Plaintiff, v. ARKANSAS COMMUNITIES, INC., formerly known as Arkansas Community Development Corporation; Westinghouse Credit Corporation: Horace H. Sewall and Martha G. Sewall, His Wife; L.B. McLeod and Vera B. McLeod: Stanley K. Ross and Sara C. Ross, His Wife; Diamondhead Property Owners Association, Inc.; Worthen Bank and Trust Company, N.A.; Frances X. Severtsen and Alice D. Severtsen, His Wife; Edwin B. Schmink and Geraldine B. Schmink, His Wife; Union Planters National Bank of Memphis, Memphis, Tennessee; Frank H. Surpless and Margaret K. Surpless, His Wife; Harold J. Smith and Layde Smith, His Wife; First Federal Savings and Loan Association, Hot Springs, Arkansas; Mr. and Mrs. Thurman O. Watson: Mr. and Mrs. Charles Bradshaw; Mr. and Mrs. Bobby Morgan; Mr. and Mrs. Raymond Hixon; Mr. and Mrs. Edwin Hoffman; Mr. and Mrs. John A. Eubanks: Mr. and Mrs. George Wormley: Mr. and Mrs. Thomas J. Power; Donald G. Heins; Charles Lowery; Mr. and Mrs. Robert L. Rich; Mr. and Mrs. Harry W. Fogle; Ralph G. and Mildred Grossman; and Ben T. Guzzo, a/k/a Dennis Mitchell; Mrs. Leo Brouwers; Thomas G. O'Malley; John E. Meier; and William J. Jones and Mary H. Jones, His Wife, Defendants.

United States District Court, W.D. Arkansas, Hot Springs Division.

August 31, 1983.


Attorney(s) appearing for the Case

Don F. Hamilton, Little Rock, Ark., for plaintiff.

Robert J. Brown, Little Rock, Ark., for Arkansas Communities, Inc. formerly Arkansas Community Development Corp.

W.P. Hamilton, Little Rock, Ark., for Westinghouse Credit Corp.

Herbert C. Rule, Little Rock, Ark., for Worthen Bank & Trust Co.

J.E. Sanders, Hot Springs, Ark., for Mr. and Mrs. T.J. Powers and First Federal Sav. & Loan Ass'n of Hot Springs.

Richard C. Raines, Memphis, Tenn., for Union Planters Nat. Bank of Memphis.

Bob Scott, North Little Rock, Ark., for Harold J. Smith, et al.

A. Delbert Mickel, Jr., Little Rock, Ark., for Mrs. Leo Brouwers.

Michael W. Mitchell, Little Rock, Ark., for Thomas G. O'Malley.

Ed McCorkle, Arkadelphia, Ark., for Mr. and Mrs. Thurman O. Watson.

Harry W. Fogle, pro se and for Barbara T. Fogle.

R.A. Schneider, Hot Springs, Ark., for Mr. and Mrs. Robert L. Rich, Ralph G. Grossman and Mildred Grossman.

Gene Stipe, Oklahoma City, Okl., for Mr. and Mrs. John A. Eubanks.

R. Julian Glover, Hot Springs, Ark., for Charles F. Bradshaw and Maureen Bradshaw.

Bruce D. Switzer, Crossett, Ark., for L.B. McLeod and Vera McLeod.


MEMORANDUM OPINION

OREN HARRIS, Senior District Judge.

In this bankruptcy action the plaintiff, Arkansas Power and Light Company (AP & L), has filed a complaint against the defendants, Arkansas Communities, Inc., (ACI) formerly known as Arkansas Community Development Corporation, as the Debtor in Possession, in this Chapter 11 proceedings, in that the debtor in possession filed voluntary petition on April 29, 1980.

The plaintiff, AP & L,...

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