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western district of oklahoma

Reyes, In re--Al Lado Cambio De Cheques, Inc. v. Reyes

Ruling
Debtor's motion granted where checks at issue were not "statements in writing” and were not basis for nondischargeable debt. (Bankr. W.D. Okla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.

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Court :
Consumer opinion summary, case decided on July 15, 2020 , LexisNexis #0820-091

Crilly, In re

Ruling
Motion to extend the automatic stay beyond thirty days was denied as debtors presented no evidence of the contents of a confirmable plan. (Bankr. W.D. Okla.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case.

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Court :
Consumer opinion summary, case decided on June 30, 2020 , LexisNexis #0820-032

Arzate, In re--Mashburn v. Arzate

Ruling
Trustee was entitled to avoid post-petition transfer where trustee demonstrated bona fide purchaser status. (Bankr. W.D. Okla.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.

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Court :
Consumer opinion summary, case decided on June 15, 2020 , LexisNexis #0720-092

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.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

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Consumer opinion summary, case decided on April 17, 2020 , LexisNexis #0620-045

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.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on April 07, 2020 , LexisNexis #0620-019

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.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on January 17, 2020 , LexisNexis #0320-019

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.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Commercial opinion summary, case decided on January 17, 2020 , LexisNexis #0320-016

Gamboa, In re--Matthews v. Gamboa

Ruling
Summary judgment denied as to dischargeability of claim for legal fees as there was an issueof material fact. (Bankr. W.D. Okla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or Scheduled.

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Consumer opinion summary, case decided on January 09, 2020 , LexisNexis #0220-059

Alvarado, In re--Tobias v. Alvarado

Ruling
Creditor's pre-petition extension of credit to debtor constituted a nondischargeable debt to theextent reliance on debtor's misrepresentation was reasonable. (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 November 27, 2019 , LexisNexis #0120-039

Burge, In re

Ruling
Debtor's motion to avoid IRS tax lien as impairing her homestead exemption was denied asshe failed to establish the first requirement for avoidance of a lien. (Bankr. W.D. Okla.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance; Judicial Liens.

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Consumer opinion summary, case decided on October 14, 2019 , LexisNexis #1219-035