Judge Rasure

Quiroz, In re--Quiroz v. United States ex rel. IRS

Ruling: 
Motion for summary judgment granted in part as debtor was nevertheless entitled to present evidence to rebut the inference of his willfulness in evading paying his tax liabilities. (Bankr. N.D. Okla.)
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Consumer case opionion summary, case decided on August 11,2017, LexisNexis #1017-039

Swenning, In re

Ruling: 
Application for approval and final allowance of compensation denied in part where counsel services were not allowed as they were not reasonably likely to benefit the estate. (Bankr. N.D. Okla.)
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Consumer case opionion summary, case decided on July 20,2017, LexisNexis #0817-091

Swenning, In re

Ruling: 
Court allowed trustee to recover only part of the fees he requested as most disbursements thatwere after he was appointed were made by the debtor's professional corporation. (Bankr. N.D.Okla.)
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Consumer case opionion summary, case decided on April 14,2017, LexisNexis #0517-062

Moore, In re

Ruling: 
Debtor's motion for summary judgment not warranted as court concluded that record was insufficient to determine whether the tax penalties were compensatory or punitive. (Bankr. N.D. Okla.)
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Consumer case opionion summary, case decided on March 08,2017, LexisNexis #0417-046

In re Macco Props. Inc.

Ruling: 
Objection to trustee's attorneys' fees precluded by doctrine of unclean hands.
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Commercial case opionion summary, case decided on September 10,2015, LexisNexis #1215-075

In re Macco Props.

Ruling: 
Chapter 11 trustee could add supplement to final fee application to cover previously disclosed disbursements.
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Commercial case opionion summary, case decided on September 10,2015, LexisNexis #1215-074

In re Surgical Assocs.

Ruling: 
Settlement enforced where debtor's counsel's purported rejection was ineffective due to failure to present the offer to the debtor.
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Commercial case opionion summary, case decided on June 02,2014, LexisNexis #0814-005

Zilm v. Roberts (In re Roberts)

Ruling: 
State court fraud judgment was insufficient to bind bankruptcy court.
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Consumer case opionion summary, case decided on February 20,2014, LexisNexis #0314-084

Brown v. Stuart C. Irby Co. (In re Brown)

Creditor timely filed a complaint against debtor seeking a declaration that a debt owed to the creditor was excepted from discharge under 11 U.S.C.S. § 523(a)(4). More than five months later, creditor filed an amended complaint in which it asserted that the debt was excepted from discharge under 11 U.S.C.S. § 523(a)(2), and included claims arising under state law. The debtor sought dismissal of the new claims.
Ruling: 
Late-filed amendment in nondischargeability proceeding alleging fraud dismissed.
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Consumer case opionion summary, case decided on July 03,2013, LexisNexis #0713-117

Kirtley v. Stenzel (In re Rhein)

Plaintiff chapter 7 trustee filed a complaint against defendant creditor seeking to avoid a security interest held by the creditor in estate property pursuant to 11 U.S.C.S. § 548(a)(1)(B) and seeking turnover of such property. The creditor filed motions for relief from the automatic stay and for an order of abandonment.
Ruling: 
Investment in start-up company in exchange for commission on classic car sale for which contract did not exist was avoidable.
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Consumer case opionion summary, case decided on June 10,2013, LexisNexis #0713-024

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