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western district of oklahoma

Kretchmar, In re--Manchester v. Kretchmar

Ruling
Concurrent representation of Chapter 7 trustee and debtor's creditor allowed in absence ofconflict of interest. (Bankr. W.D. Okla.)
Issue(s)
Employment of Professional Persons; Who May Be Employed.

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Consumer opinion summary, case decided on June 25, 2019 , LexisNexis #0819-076

Davis, In re

Ruling
Debtor's motion to reopen no-asset case to add omitted creditor was denied as reopeningwould not afford relief to debtor. (Bankr. W.D. Okla.)
Issue(s)
Closing and Reopening Cases; When to Reopen.

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Consumer opinion summary, case decided on June 17, 2019 , LexisNexis #0819-078

White, In re

Ruling
Motion to void a pawnshop's lien was denied as debtor was not seeking the determination ofsecured status in the context of a Chapter 13 confirmation process. (Bankr. W.D. Okla.)
Issue(s)
Determination of Secured Status; Liens Securing Disallowed Claims Void.

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Consumer opinion summary, case decided on June 11, 2019 , LexisNexis #0819-060

Bunkers Int'l Corp., In re

Ruling
Preference period transfers were avoidable where ordinary course of business andcontemporaneous exchange for new value defenses failed. (Bankr. M.D. Fla.)
Issue(s)
Preferences.

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Commercial opinion summary, case decided on June 07, 2019 , LexisNexis #0819-064

FDV Artfolio LLC, In re

Ruling
Court held there was no automatic stay to prevent the continuation of state court litigation asthe litigation was against non-debtor manager of the debtor limited liability company not thedebtor itself. (Bankr. W.D. Okla.)
Issue(s)
Automatic Stay.

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Commercial opinion summary, case decided on May 23, 2019 , LexisNexis #0819-029

Johnson, In re--Johnson v. Johnson

Ruling
Debt was dischargeable as it was not a domestic support obligation but was related to divisionof marital property pursuant to a divorce decree. (Bankr. W.D. Okla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts in Connection with Divorce

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Consumer opinion summary, case decided on May 21, 2019 , LexisNexis #0819-008

Snow, In re

Ruling
Objection to the creditor's claim was denied as debtor did not come forward with any experttestimony to refute that the pre-petition attorney's fees were unreasonable. (Bankr. W.D. Okla.)
Issue(s)
Allowance of Claims or Interests; Objections.

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Consumer opinion summary, case decided on May 09, 2019 , LexisNexis #0719-058

Burris, In re

Ruling
Court concluded that sanctions judgment was dischargeable as debtor's actions were notwillful and malicious. (Bankr. W.D. Okla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on March 15, 2019 , LexisNexis #0519-014

Alvarado, In re

Ruling
Dismissal of creditor's fraud claim denied as she alleged all of the essential elements for fraudunder state law. (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 March 14, 2019 , LexisNexis #0519-032

Smith, In re

Ruling
Reaffirmation agreement could not be executed and filed after discharge. (Bankr. W.D. Okla.)
Issue(s)
Effect of Discharge; Reaffirmation Agreements; Agreement Made Prior to Discharge.

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Consumer opinion summary, case decided on March 14, 2019 , LexisNexis #0519-016