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Cox, In re

Ruling
Court denied debtors' motion to extend automatic stay as they failed to rebut the presumptionthat their case was not filed in good faith. (Bankr. E.D. Okla.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case.

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Consumer opinion summary, case decided on August 09, 2017 , LexisNexis #1017-066

Ridley, In re--Ridley v. M & T Bank

Ruling
Court had power under law to hold in contempt a bank for violating a discharge order by stillcharging the debtor for a debt he had already paid in full. (Bankr. E.D. Okla.)
Issue(s)
Effect of Discharge; Failure to Credit Payments Received.

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Consumer opinion summary, case decided on May 31, 2017 , LexisNexis #0717-016

S. & S. Commun. Specialists, Inc., In re--Mid-Continent Cas. Co. v. Garrett

Ruling
Motion to dismiss for lack of jurisdiction denied as the court found that the interpleaderaction is at minimim related to debtor's bankruptcy case and that it has subject matterjurisdiction over this proceeding. (Bankr. E.D. Okla.)
Issue(s)
Bankruptcy Cases and Proceedings; Proceedings Arising Under or Arising In or Related to Cases Under Title 11.

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Commercial opinion summary, case decided on March 01, 2017 , LexisNexis #0417-020

Moses, In re

Ruling
Court adopted creditor's appraiser's cost approach of $72,600 in valuing secured claim ondebtor's mobile home as her appraisal values using the N.A.D.A. Manufactured HousingAppraisal Guide were appropriate and supported. (Bankr. E.D. Okla.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation In Individual Debtor Chapter 7 or Chapter 13 Cases.

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Consumer opinion summary, case decided on January 31, 2017 , LexisNexis #0317-007

In re Lynch

Ruling
Attorney ordered to disgorge fees for taking advantage of the debtor and for failure to provideevidence that the services she provided were reasonable, necessary, or beneficial. (Bankr. N.D.Okla.)
Issue(s)
Debtor’s Transactions with Attorneys; Excessive Compensation.

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Consumer opinion summary, case decided on January 17, 2017 , LexisNexis #0217-076

In re Fox

Ruling
Court set new presumptive "no look" fee for district to fairly compensate attorneys. (Bankr.E.D. Okla.)
Issue(s)
Power of Court.

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Consumer opinion summary, case decided on December 12, 2016 , LexisNexis #0117-033

Peyrano v. Sotelo (In re Peyrano)

Ruling
Debtor could recover attorneys’ fees incurred as a result of violation of discharge injunction.(Bankr. D. Okla.)
Issue(s)
Effect of Discharge.

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Consumer opinion summary, case decided on October 17, 2016 , LexisNexis #1116-050

Peyrano v. Sotelo (In re Peyrano)

Ruling
Debtor’s business partner violated the discharge injunction by commencing collection actionagainst debtor. (Bankr. E.D. Okla.)
Issue(s)
Did debtor’s partner violate the discharge injunction by filing a collection action in state court?

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Consumer opinion summary, case decided on September 14, 2016 , LexisNexis #1016-052

In re Hester

Ruling
Case dismissed where debtor failed to timely file an adequate plan.
Issue(s)
Whether debtor's case should be dismissed or whether the court should grant him another continuance and defer the decision until he decides whether he wants to remain in bankruptcy.

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Consumer opinion summary, case decided on June 23, 2016 , LexisNexis #0716-085

In re Goff

Ruling
Vacating a bankruptcy discharge is not a viable option for extending the deadline to obtain a valid reaffirmation agreement.
Issue(s)
Could discharge be vacated pending execution of a reaffirmation agreement?

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Consumer opinion summary, case decided on June 07, 2016 , LexisNexis #0716-024