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Oklahoma

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

In re Loomis

Chapter 13 debtor sought to discharge obligations not dischargeable in a chapter 7 case through a plan that proposed to pay taxes, attorneys fees, and nothing else.
Ruling: 
Confirmation of chapter 13 plan denied as debtor was not an individual with regular income.
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Consumer case opionion summary, case decided on February 25,2013, LexisNexis #0313-071

Hukill v. Johns (In re Johns)

Plaintiff creditor sued defendant debtor for a determination that her liability on an Oklahoma federal court default judgment was not dischargeable per 11 U.S.C.S. § 523(a)(6) and /or that debtor was properly denied a discharge per 11 U.S.C.S. § 727(a)(4). One issue was whether debtor acted improperly in failing to reflect on her schedules an alleged interest in a bank account owned by her husband that was "payable on death" (POD) to debtor.
Ruling: 
Debtor's failure to list assets of nominal value or alleged interest in spouse's bank account were not grounds for denial of discharge.
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Consumer case opionion summary, case decided on February 08,2013, LexisNexis #0313-058

In re Gordon

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's case. The trustee asked the court to impose sanctions on a bank and its counsel, pursuant to 11 U.S.C.S. § 105, claiming that the bank and its counsel impugned his character in a motion they filed with the court and in letters they wrote.
Ruling: 
Rule 9011 did not apply to allegedly defamatory statement against trustee in letter from bank and counsel to U.S. Attorney's Office.
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Consumer case opionion summary, case decided on January 04,2013, LexisNexis #0513-101

In re Latshaw Drilling LLC

A creditor filed an application under 11 U.S.C.S. § 506(b) for reimbursement of its out-of-pocket expenses and attorney fees and expenses arising out of mutual obligations under a pre-petition credit agreement with a chapter 11 debtor.
Ruling: 
Creditor's attorneys' fee application granted with reductions for overstaffing, underutiliztion of local counsel and unreasonable rates.
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Commercial case opionion summary, case decided on October 12,2012, LexisNexis #1112-010

Wieland v. Willcut (In re Willcut)

In this adversary proceeding, United States Trustee (UST) requested that the court deny a discharge to defendant debtors under 11 U.S.C.S. § 727(a)(2)(A), (4)(A), and (4)(D).
Ruling: 
Discharge denied due to knowing and fraudulent failure to provide sufficient disclosures in schedules.
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Consumer case opionion summary, case decided on September 27,2012, LexisNexis #1212-061

NJL Invs. LLC v. Smart (In re Smart)

In this adversary proceeding, creditor asked the court to deny defendant debtor a discharge pursuant to 11 U.S.C.S. § 727(a)(4) and (5).
Ruling: 
Discharge denied due to knowing and fraudulent false oaths.
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Consumer case opionion summary, case decided on September 27,2012, LexisNexis #1212-060

Selby v. Perceptual Dev. Corp. (In re Selby)

Plaintiff bankruptcy debtors brought adversary proceedings against defendant creditors alleging that the creditors violated the discharge injunction of 11 U.S.C.S. § 524(a) by attempting to collect debts which were discharged based on alleged breaches of a licensing agreement with regard to the creditors patents.
Ruling: 
Filing of action for postpetition violations of licensing agreement that was virtually identical to prepetition action violated discharge injunction.
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Consumer case opionion summary, case decided on September 24,2012, LexisNexis #1012-131

Hambrick v. Perceptual Dev. Corp. (In re Hambrick)

Plaintiff discharged debtors filed complaints against defendants, a company and its principals, seeking damages for violations of the discharge injunction set forth in 11 U.S.C.S. § 524(a).
Ruling: 
Resumption of litigation for collection of damages based at least partially on prepetition conduct violated discharge injunction.
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Consumer case opionion summary, case decided on September 24,2012, LexisNexis #1012-130

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