Mar
04
2021
Barwick, In re--Gerlich v. Barwick
Ruling:
Judgments based on debtor's actions of stalking and assaulting creditor for no apparent reasonestablished the requisite malice for nondischargeable debt. (Bankr. W.D. Okla.)
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Consumer case opionion summary, case decided on March 04,2021, LexisNexis #0421-065
Feb
08
2021
White, In re--White v. White
Ruling:
Plaintiff failed to state a claim for nondischargeability of debts based on breach of fiduciaryduty as the amended complaint was void of any mention of an express trust between plaintiffand defendant. (Bankr. W.D. Okla.)
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Consumer case opionion summary, case decided on February 08,2021, LexisNexis #0321-058
Dec
30
2020
RHA Stroud, Inc., In re
Ruling:
Chapter 11 cases dismissed as rehabilitation was unlikely and due to bad faith. (Bankr. W.D.Okla.)
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Commercial case opionion summary, case decided on December 30,2020, LexisNexis #0221-044
Sep
14
2020
Murphy, In re--Murphy v. World Acceptance Corp. of Okla.
Ruling:
Lender's motion to dismiss debtors’ claim objection granted in part as lenders were properlylicensed but otherwise denied to the extent debtors’ pleadings stated a claim. (Bankr. W.D.Okla.)
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Consumer case opionion summary, case decided on September 14,2020, LexisNexis #1020-098
Sep
17
2020
Gamboa, In re--Matthews v. Gamboa
Ruling:
Fee request by prevailing party in dischargeability proceeding was denied as fee-shiftingapplied only to claims under § 523(a)(2). (Bankr. W.D. Okla.)
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Consumer case opionion summary, case decided on September 17,2020, LexisNexis #1020-085
Aug
17
2020
Gamboa, In re--Matthews v. Gamboa
Ruling:
Lawyer plaintiff's motion to disqualify was denied because the fact that he believed he wastreated unfairly did not give rise to the court's disqualification. (Bankr. W.D. Okla.)
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Consumer case opionion summary, case decided on August 17,2020, LexisNexis #0920-098
Apr
17
2020
Hickman, In re--The Shank, LLC v. Hickman
Ruling:
Debtor's discharge was denied as court concluded that the material and cumulative nature ofdebtor's misstatements and omissions were more than sufficient to establish a pattern offalsity. (Bankr. W.D. Okla.)
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Consumer case opionion summary, case decided on April 17,2020, LexisNexis #0620-045
Apr
07
2020
Wortham, In re--McPherson Co-op Credit Union v. Wortham
Ruling:
Creditor's complaint for denial of discharge dismissed as time-barred where trustee’sextension of time did not apply to creditor. (Bankr. W.D. Okla.)
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Consumer case opionion summary, case decided on April 07,2020, LexisNexis #0620-019
Jan
17
2020
All Phase Roofing & Constr., LLC, In re--Manchester v. Sharpton
Ruling:
Transfers by debtor to defendant, though avoidable are not recoverable as trustee failed toestablish that the debtor's assets transferred to defendant had value in excess of liens. (Bankr.W.D. Okla.)
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Commercial case opionion summary, case decided on January 17,2020, LexisNexis #0320-016
Jan
17
2020
Sharpton, In re--Manchester v. Sharpton
Ruling:
Debtor's discharge was denied because plaintiff proved that debtor caused his LLC to transferassets to him with actual intent to hinder, delay, or defraud the LLC's creditors. (Bankr. W.D.Okla.)
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Consumer case opionion summary, case decided on January 17,2020, LexisNexis #0320-019
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