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IN RE EVANS

Bankruptcy No. 97-80694M. Adversary No. 98-8034.

245 B.R. 852 (2000)

In re Floyd Carroll EVANS, Debtor. Floyd Carroll Evans, Plaintiff, v. Bank of Eureka Springs; John Cross; Kenneth Elser; Carroll County Circuit Court; Hon. Larry Chandler; 19th Judicial District Prosecuting Attorney; Brad Butler; Blythe Whitehead; Mike Huckabee; Dick Barclay, Defendants.

United States Bankruptcy Court, W.D. Arkansas, Fayetteville Division.

March 10, 2000.

Attorney(s) appearing for the Case

Stanley V. Bond, Fayetteville, AR, for Floyd Carroll Evans.

Ainsley Lang, Little Rock, AR, for remaining Defendants.

Wade A. Williams, Holiday Island, AR, for Bank of Eureka Springs.

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...

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