Biggins v. Anco Construction Inc et al

Filing 31

ORDER extending the stay in this case until January 6, 2012. If the Court receives no request for action by that date, it will administratively terminate the case. The briefing on the arbitration issue & the status conference are cancelled. The Court directs the Clerk to send a copy of this Order to Biggins's bankruptcy attorney, & the Trustee of his bankruptcy estate. Signed by Judge D. P. Marshall Jr. on 10/27/2011. (jct)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

JONESBORO DIVISION

CHARLIE BIGGINS, d/b/a

BIGGINS CONSTRUCTION

v.

PLAINTIFF

No.3:10-cv-257-DPM

ANCO CONSTRUCTION, INC.; and
UNITED FIRE AND CASUALTY COMPANY

DEFENDANTS

ORDER
At the parties' joint request, this case has been stayed for more than ten
months so the parties could pursue mediation and arbitration. Document No.
9. The parties recently reported a dispute about the scope of arbitration; and
the Court ordered briefs and set a status hearing for mid-November.
Document Nos. 28 & 29. Now comes word from Biggins, which the Court
appreciates, that Biggins has filed a Chapter 13 bankruptcy proceeding in
Tennessee and the Honorable Jennie D. Latta has stayed this case. See the
attached Order.
The Court agrees, and orders, that the stay in this case should remain
in place - not for arbitration, but so the counsel issues can be resolved by and

in the Bankruptcy Court.
Stay extended until 6 January 2012. If the Court receives no request for
action by that date, then it will administratively terminate this case. The
briefing on the arbitration issue and the status conference are cancelled. The
Court directs the Clerk to send a copy of this Order to Biggins's bankruptcy
attorney, and the Trustee of his bankruptcy estate, both of whom are listed on
the attached Order.
So Ordered.

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Case 11-23335

Doc 90

Filed 10/07/11
Document

Dated: October 07, 2011

The following is ORDERED:

United States Bankruptcy Court

Western District of Tennessee

Western Division

IN RE:
Case No. 11-23335
Charlie Biggins, Jr.,
CHAPTER 13

Debtor

Order on Motion to Hire Attorney Outside of Bankruptcy

Came, Charlie Biggins, Jr., by and through counsel asked this court to hire Ron Wilson as outside counsel
. After hearing, this court found that the legal suit subject of the appointment was property of the estate
and that the proposed retainer agreement insufficiently addressed the court's concerns.

Case 11-23335

Doc 90

Filed 10/07/11
Document

Entered 10/07/11 13:07:13
Page 2 of 2

Desc Main

It is therefore ordered that:
1. Claimant's motion hire Attorney Ron Wilson outside of Bankruptcy is denied.
2. Attorney Ron Wilson is ordered to return any retainer or funds received on behalf of Debtor Charlie
Biggins.
3. This claim case 3:10-cv-00257-DPM, Charlie Biggins d/b/a Biggins Construction vs Anco Construction,
Inc. and United Fire and Casualty Company in the United States District Court for the Eastern District of
Arkansas in Jonesboro is stayed until such time as counsel is appointed for the estate or this order is
lifted.

Approved By,

/s/ David Sandy

David Sandy, Attorney for Debtor- 024692

731 Litty Ct. #204

Memphis, TN 38103

901-493-0656

/s/ Sylvia Ford Brown

Sylvia Ford Brown, Chapter 13 Trustee

I certify this order will be served on Ronald Wilson at Wilson and Associates, PA

PO Box 1299, West Memphis, AR 72301-1299 via US mail postage prepaid upon entry.

/s/ David Sandy

David Sandy