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Silver Star of Nev., Inc., In re--Payne v. Sparkman

Ruling
Complaint failed to adequately identify the property assets trustee seeks to be declared property of the bankruptcy estate. (Bankr. W.D. Okla.)
Issue(s)
Property of the Estate.

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Commercial opinion summary, case decided on March 24, 2025 , LexisNexis #0525-090

Darter, In re--Gould v. Liebl-Weaver

Ruling
Counsel's mistake in miscalculating the appeal deadline based on a misunderstanding of the readily accessible and unambiguous rules was within counsel's control and could not constitute excusable neglect. (Bankr. W.D. Okla.)
Issue(s)
Time for Filing Notice of Appeal.

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Consumer opinion summary, case decided on January 23, 2025 , LexisNexis #0325-099

Mudd, In re

Ruling
Debtors’ attorney could not unbundle essential bankruptcy legal services. (Bankr. W.D. Okla.)
Issue(s)
Debtor’s Transactions with Attorneys.

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Consumer opinion summary, case decided on June 21, 2024 , LexisNexis #0824-077

In re Conkle v. Skyline Air Ops, Inc. (In re Conkle)

Ruling
Issue preclusion could not apply to a creditor's nondischargeability claim as the orders in astate court action did not contain sufficiently detailed facts. (Bankr. W.D. Okla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on April 03, 2024 , LexisNexis #0624-039

Terrill, In re--Mashburn v. Terrill

Ruling
Bankruptcy court refused to extend the deadline to respond to trustee’s motion for sanctionswhere defendants failed to comply with the order to compel discovery by the extendeddeadline. (Bankr. W.D. Okla.)
Issue(s)
Failure to Make Discovery

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Consumer opinion summary, case decided on August 31, 2023 , LexisNexis #1023-074

Noles, In re--Myers Operations, Inc. v. Noles

Ruling
Complaint failed to state a claim for nondischargeability of debts based on fraud or defalcation while acting in a fiduciary capacity as the complaint alleged only a general fiduciary relationship, not an express or technical trust. (Bankr. W.D. Okla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on March 24, 2023 , LexisNexis #0523-060

Shann, In re--Stanley v. Shann

Ruling
Creditor failed to state a claim for nondischargeability due to fraud in his adversary complaint against a Chapter 7 debtor as the complaint did not meet minimal pleading standards. (Bankr. W.D. Okla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on March 06, 2023 , LexisNexis #0523-010

Noles, In re--Myers Operations, Inc. v. Noles

Ruling
Complaint filed by judgment creditors alleging exceptions to discharge was subject todismissal as the body of the complaint failed to contain sufficient fact allegations. (Bankr. W.D.Okla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on January 13, 2023 , LexisNexis #0323-059

Lucas, In re--Hill v. Lucas

Ruling
Chapter 7 debtors were entitled to discharge as creditor failed to prove that debtors hadtransferred, removed, or concealed property with actual intent to delay or defraud them.(Bankr. W.D. Okla.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on June 02, 2022 , LexisNexis #0722-090

Harrison, In re

Ruling
No portion of the debtor’s 2021 tax refunds was excluded from the bankruptcy estate as therefunds did not include any portion of the debtor's 2021 recovery rebate. (Bankr. W.D. Okla.)
Issue(s)
Property of the estate; Exclusions; Recovery rebates.

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Consumer opinion summary, case decided on December 31, 2021 , LexisNexis #1122-087