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District of oklahoma

Rudick, In re--Kirtley v. Marbrey Bank

Ruling
Court declined to find that the liens created in favor of trustee were superior to the interest ofthe bank as the bank met its burden to show it had a valid and enforceable security interest inthe property. (Bankr. N.D. Okla.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers

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Consumer opinion summary, case decided on April 28, 2022 , LexisNexis #0622-092

Scherer, In re

Ruling
Debtors were not entitled to file an appeal out of time as their counsel failed to establishexcusable neglect justifying an extension. (Bankr. E.D. Okla.)
Issue(s)
Time for Filing Notice of Appeal; Extending the time to appeal; When the time

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Consumer opinion summary, case decided on March 16, 2022 , LexisNexis #0522-049

Stewart, In re--SE Property Holdings, LLC v. Stewart

Ruling
Debtors' motion to dismiss complaint seeking denial of debtors' discharge denied as theallegations related back to the original complaint and were not time barred. (Bankr. W.D. Okla.)
Issue(s)
Discharge; Grounds for Denial.

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Commercial opinion summary, case decided on March 14, 2022 , LexisNexis #0522-044

Elam, In re--Christ Ctr. Divine Philosophy, Inc. v. Elam

Ruling
Debt was nondischargeable due to debtor's willful and malicious copyright infringement.(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 02, 2022 , LexisNexis #0422-085

Scherer, In re

Ruling
State Tax Commission was entitled to relief from the order avoiding the state tax liens as thetax liens were not avoidable. (Bankr. E.D. Okla.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on February 22, 2022 , LexisNexis #0422-037

Neundorf, In re--Manchester v. Neundorf

Ruling
Trustee was entitled to use her strong-arm powers to avoid the transfer of the wife's undividedone-half interest in the property to the husband and quiet title to the property in the wife'sname. (Bankr. W.D. Okla.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights

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Consumer opinion summary, case decided on January 13, 2022 , LexisNexis #0322-012

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

Pentecost, In re--Berry v. Pentecost

Ruling
Debtor committed fraud and defalcation in his capacity as a fiduciary and directed almost$100,000 of the client's funds to himself or to entities he controlled, resulting innondischargeable debt. (Bankr. N.D. Okla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

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Consumer opinion summary, case decided on December 30, 2021 , LexisNexis #0222-063

Webb, In re--Greenough v. Webb

Ruling
Bankruptcy trustee was entitled to summary judgment that assets in the debtors' spendthrifttrust were assets of the estate to be used for the benefit of creditors as debtor's attempt tocreate a spendthrift trust was ineffective. (Bankr. E.D. Okla.)
Issue(s)
Turnover of Property to the Estate.

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Consumer opinion summary, case decided on October 29, 2021 , LexisNexis #1221-091

Galaz, In re--Soule v. Galaz

Ruling
Claim seeking to avoid and recover a fraudulent transfer was pleaded with sufficientparticularity and could not be dismissed as time-barred as the date of discovery was unclear.(Bankr. N.D. Okla.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations; Time Case is Closed or

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Consumer opinion summary, case decided on October 20, 2021 , LexisNexis #1221-038