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western district of oklahoma

In re Oliver

Ruling
U.S. Trustee had standing to examine debtor.
Issue(s)
Could debtor strike a court-ordered Rule 2004 examination by U.S. Trustee as moot?

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Consumer opinion summary, case decided on May 26, 2016 , LexisNexis #0616-072

Hagmaier v. Cooley (In re Cooley)

Ruling
Debt based civil judgment finding that debtor committed rape was not grounds for denial of discharge where no factual evidence had been presented and creditor presented conflicting testimony.
Issue(s)
Should debtor's discharge be denied based on civil rape judgment?

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Consumer opinion summary, case decided on May 12, 2016 , LexisNexis #0616-012

In re Gay

Ruling
Creditor's motion for examination of bank and production of documents relating to debtor's non-party business granted.
Issue(s)
Should creditor's motion for examination of bank and for production of documents relating to debtor and debtor's non-debtor business be granted?

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Consumer opinion summary, case decided on April 22, 2016 , LexisNexis #0516-100

In re Valdez

Ruling
Case could not be reopened for purpose of filing a reaffirmation agreement.
Issue(s)
Could debtor reopen a bankruptcy case in order to file a reaffirmation agreement?

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Consumer opinion summary, case decided on April 08, 2016 , LexisNexis #0516-004

Turner v. Stage (In re Stage)

Ruling
Debtor’s continued pursuit of invalid charging lien resulted in nondischargeable debt. (Bankr. M.D. Fla.)
Issue(s)
Whether debtor should be sanctioned for continued pursuit of invalid charging lien?

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Consumer opinion summary, case decided on March 23, 2016 , LexisNexis #1016-085

In re Foster

Ruling
Bankruptcy court would not order turnover of collateral to creditor where proper remedy was relief from stay.
Issue(s)
Whether to grant a creditor's motion for an order compelling physical surrender of its collateral.

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Consumer opinion summary, case decided on March 21, 2016 , LexisNexis #0416-049

In re Bremer

Ruling
Debtor's bad acts of damaging property could not be used to negatively affect valuation and eviscerate creditor's liens.
Issue(s)
How should property damaged by debtor and subject to two liens be valued?

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Consumer opinion summary, case decided on March 16, 2016 , LexisNexis #0416-048

In re Calloway

Ruling
Debtor not entitled to sanctions against creditor that sought to resume foreclosure after debtor's case was dismissed.
Issue(s)
Should creditors be sanctioned for alleged violation of the automatic stay by proceeding against debtor in state foreclosure action?

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Consumer opinion summary, case decided on February 19, 2016 , LexisNexis #0316-045

Ally Fin. Inc. v. Miller (In re Miller)

Ruling
Bankruptcy court could continue to exercise jurisdiction over tort, fraud and conversion claims that were related to debtors' bankruptcy.
Issue(s)
Should bankruptcy court dismiss claims of tortious interference, fraud, and conspiracy to commit fraud against debtors and non-debtors for lack of subject matter jurisdiction?

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Consumer opinion summary, case decided on February 09, 2016 , LexisNexis #0316-032

Deeba v. Corporate Grp. LLC (In re Macco Props.)

Ruling
Transferee's motion for jury trial in proceeding concerning post-petition transfer and for withdrawal of reference denied.
Issue(s)
Should reference of avoidance proceeding be withdrawn and jury trial be allowed?

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Commercial opinion summary, case decided on January 29, 2016 , LexisNexis #0416-033