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western district of oklahoma

Leonard, In re--Collins v. Leonard

Ruling
Debtor's motion to dismiss nondischargeability proceeding was denied as the creditors pled sufficient facts. (Bankr. W.D. Okla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on March 06, 2019 , LexisNexis #0419-083

Grooms, In re

Ruling
Court ruled automatic stay would continue to apply where there was a bona fide dispute as towhether property was property of the estate. (Bankr. W.D. Okla.)
Issue(s)
Automatic Stay; Scope; Acts to Obtain Property.

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Consumer opinion summary, case decided on February 28, 2019 , LexisNexis #0519-005

Harris, In re

Ruling
Nonattorney sanctioned and required to disgorge fees collected from debtors as he was a bankruptcy petition preparer. (Bankr. M.D. Fla.)
Issue(s)
Penalty for Persons Who Negligently or Fraudulently Prepare Bankruptcy Petitions.

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Consumer opinion summary, case decided on October 11, 2018 , LexisNexis #1118-063

Carter, In re--They Might Be, Inc. v. Carter

Ruling
Debt was dischargeable as court concluded that while the debtor was probably negligent, he was credible and had no subjective intent to deceive the creditor. (Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on October 10, 2018 , LexisNexis #1118-072

PostRock Energy Corp., In re

Ruling
Trustee's claim for fraudulent transfer was dismissed as he failed to indicate which of the sixjointly administered debtors made the transfer. (Bankr. W.D. Okla.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.

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Commercial opinion summary, case decided on September 06, 2018 , LexisNexis #1018-079

Agrawal, In re

Ruling
Debtor's motion to seal photographs of his injuries was denied as photographs were not privileged or confidential, and court could not find that the interest in secrecy outweighed the presumption in favor of access. (Bankr. W.D. Okla.)
Issue(s)
Public Access to Papers.

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Consumer opinion summary, case decided on August 10, 2018 , LexisNexis #0918-091

Smith, In re

Ruling
Debtors' total financial situation as a measure of ability to pay, and bad faith were separateand sufficient grounds for dismissal. (Bankr. W.D. Okla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Considerations When Presumption Does Not Apply.

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Consumer opinion summary, case decided on May 30, 2018 , LexisNexis #0718-021

Stewart, In re

Ruling
Debtor's attorney directed to disgorge fees and costs received after failing to disclose theamount and source of his fees and expenses for over two years. (Bankr. W.D. Okla.)
Issue(s)
Debtor’s Transactions with Attorneys.

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Consumer opinion summary, case decided on April 27, 2018 , LexisNexis #0618-003

Brooks, In re

Ruling
Court denied debtor's motion to reopen his dismissed case. (Bankr. W.D. Okla.)
Issue(s)
Closing and Reopening Cases; When to Reopen.

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Consumer opinion summary, case decided on February 06, 2018 , LexisNexis #0318-064

Kretchmar, In re--Manchester v. Kretchmar

Ruling
Court had authority to substantively consolidate a debtor with a non-debtor other thanthrough the filing of an involuntary petition. (Bankr. W.D. Okla.)
Issue(s)
Involuntary Cases.

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Consumer opinion summary, case decided on February 05, 2018 , LexisNexis #0318-063