Oklahoma

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

In re Atlas Computers Inc.

A chapter 7 trustee filed a motion to approve a settlement of a fraudulent transfer action. Certain creditors (the claimants) who were not parties to the fraudulent transfer action objected to the settlement.
Ruling: 
Settlement of fraudulent transfer proceeding approved as fair, reasonable and in best interests of the estate.
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Commercial case opionion summary, case decided on July 24,2012, LexisNexis #0812-068

In re Silver SRL

A parts purchaser (also referred to by the court as a creditor) filed the pending Motion for Relief from Stay to allow Recoupment/Setoff against debtor's successor in liquidation (an Italian entity). Other matters before the court included Requests for Comity, and a request for turnover of funds by debtor's successor.
Ruling: 
Relief from stay in chapter 15 case granted to allow creditor to pursue recoupment and setoff against debtor's Italian successor.
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Commercial case opionion summary, case decided on July 19,2012, LexisNexis #0812-099

In re Willcut

A chapter 7 trustee filed a motion for turnover and accounting, seeking an accounting for, and return of, all monies received by a debtor wife from a limited liability company (LLC) in which she owned an interest.
Ruling: 
Debtor spouse ordered to account for postpetition receipts from LLC in which the spouse owned an interest.
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Consumer case opionion summary, case decided on July 02,2012, LexisNexis #0912-088

In re Lane

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and the court issued an order which required the debtor to show cause why her case should not be dismissed because she had not obtained the credit counseling required by 11 U.S.C.S. § 109(h) within 180 days of the date she filed her case.
Ruling: 
Credit counseling received one hour after filing petition did not satisfy requirement.
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Consumer case opionion summary, case decided on May 22,2012, LexisNexis #0612-036

In re Santana

This matter came before the court pursuant to debtor's pro se motion for declaratory Order and brief in support. The motion asserted that the Superior Court of Orange County, California had violated orders of the court as well as the automatic stay, as defined in 11 U.S.C.S. § 362(a). On its face, the motion was unopposed, as the Superior Court had yet to appear in this bankruptcy case.
Ruling: 
State court criminal proceeding was not subject to stay.
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Consumer case opionion summary, case decided on March 09,2012, LexisNexis #0412-039

In re Hammer

A bankruptcy debtor initially reported income and expenses without including information concerning her non-debtor spouse and, after the U.S. Trustee noted deficiencies in the debtor's filings, the debtor's counsel submitted additional documentation and several inconsistent amendments to the debtor's schedules. The Trustee moved to dismiss the debtor's case and to require counsel to disgorge fees paid by the debtor.
Ruling: 
Case dismissed due to presumption of abuse and debtor's attorneys ordered to disgorge fees as services were of no value.
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Consumer case opionion summary, case decided on January 19,2012, LexisNexis #0312-022

Rennaker v. Pigg (In re Pigg)

Plaintiff, a Chapter 7 debtor's ex-wife, filed an adversary proceeding against defendant debtor, her ex-husband, seeking an order holding the debtor in contempt for violating an order entered by a state court and the bankruptcy court, and asked the court to revoke the debtor's discharge pursuant to 11 U.S.C.S. § 727(d)(1) and (2). The debtor filed a motion to dismiss his ex-wife's complaint.
Ruling: 
Debtor's former spouse's motion for revocation of discharge denied as time-barred.
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Consumer case opionion summary, case decided on August 29,2011, LexisNexis #1011-035

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