MEMORANDUM ERIC L. FRANK , Bankruptcy Judge . Introduction Before the Court is the Motion of Gary F. Seitz, Chapter 7 Trustee to Reimpose the Automatic Stay Pursuant to B.R. 9024. The Motion is opposed by Alkeshkumar and Sonal Taylor, and other clients of Horn Williamson LLC ("the Taylor Group" or "the plaintiffs"). A hearing on the matter was held on January 28, 2020 after which the Court took the matter under advisement. As this request relates to the modification of the automatic stay,...
MEMORANDUM OPINION TERRENCE L. MICHAEL , UNITED STATES BANKRUPTCY JUDGE . What is the scope of the good faith inquiry in a Chapter 13 case May a bankruptcy court look at all the facts and circumstances which gave rise to the filing of the case May it consider the nature of the disputes and debts which led to the filing of the Chapter 13 case May it consider the subjective intent of the debtor Or is the good faith inquiry in a Chapter 13 case limited to a determination of whether a...
ORDER DENYING MOTION TO STAY DANA L. RASURE , Bankruptcy Judge . Before the Court is the Defendants' Combined Motion to Stay Enforcement of Judgment Pending Appeal & To Fix the Amount of Supersedeas Bond (Doc. 108) ("Motion") filed by Defendants/Judgment Debtors Courtney Grogan, Successor Trustee of the Joe C. Cole Revocable Trust, Under Trust Agreement Dated March 28, 2002 ("Grogan") and Atkinson, Haskins, Nellis, Brittingham, Glass & Fiasco, P.C. ("AHN") (collectively "Movants" or "...
MEMORANDUM OPINION DANA L. RASURE , Chief Bankruptcy Judge . Before the Court is the Amended Complaint for Violation of the Permanent Discharge Injunction ("Complaint") asserted by Plaintiff Miranda Renfrow ("Renfrow") against Defendants Courtney Grogan, Successor Trustee of The Joe C. Cole Revocable Trust, under Trust Agreement dated March 28, 2002 ("Grogan"), and Atkinson, Haskins, Nellis, Brittingham, Glass & Fiasco, an Oklahoma Professional Corporation ("AHN") (collectively, "...
MEMORANDUM OPINION TERRENCE L. MICHAEL , Bankruptcy Judge . At issue in this case is whether a state court civil judgment based on a non-dischargeable federal order of criminal restitution is itself subject to discharge. The plaintiff claims that the state court judgment may not be discharged if it meets the specific criteria outlined in 11 U.S.C. 523(a). While the debtor/defendant acknowledges that the underlying federal criminal restitution award will not be discharged in his...
ORDER DENYING DEFENDANTS' MOTION TO DISQUALIFY RON BROWN DANA L. RASURE , Chief Bankruptcy Judge . Before the Court is the Defendants' Motion to Disqualify Ron Brown as Counsel for Plaintiff (Doc. 70) ("Motion to Disqualify Brown") filed on November 21, 2018, by Defendants Courtney Grogan, Successor Trustee of the Joe C. Cole Revocable Trust ("Grogan") and Atkinson, Haskins, Nellis, Brittingham, Glass & Fiasco, P.C. ("AHN") (collectively, "Defendants" or "Movants"), and Ron Brown's...
ORDER DENYING DEFENDANTS' MOTION TO DISQUALIFY DANA L. RASURE , Chief Bankruptcy Judge . Before the Court is the Defendants' Motion to Disqualify the Honorable Dana Rasure (Doc. 69) ("Motion to Disqualify") filed on November 21, 2018, by Defendants Courtney Grogan, Successor Trustee of the Joe C. Cole Revocable Trust ("Grogan") and Atkinson, Haskins, Nellis, Brittingham, Glass & Fiasco, P.C. ("AHN") (collectively, "Defendants" or "Movants"), and Plaintiff's Response thereto (Doc. 72)...
ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT; GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT; AND ESTABLISHING CERTAIN UNDISPUTED FACTS IN THE CASE DANA L. RASURE , Chief Bankruptcy Judge . Before the Court is Defendant Select Portfolio Servicing, Inc.'s Motion for Summary Judgment (Adv. Doc. 19) and brief in support thereof (Adv. Doc. 20) filed by Select Portfolio Servicing, Inc. ("SPS") on May 29, 2018 ("SPS's Motion"); Plaintiffs' Response to Defendant's Motion for Summary...
ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT DANA L. RASURE , Bankruptcy Judge . Before the Court is the Defendants' Motion for Summary Judgment (Adv. Doc. 43) and brief in support thereof (Adv. Doc. 44) (collectively "Defendants' Motion") filed by Defendants Courtney Grogan, Successor Trustee of The Joe C. Cole Revocable Trust, under Trust Agreement Dated March 28, 2002 ("Grogan"), and Atkinson, Haskins, Nellis, Brittingham, Glass & Fiasco, P.C. ("AHN") (collectively,"Defendants"...
ORDER DENYING DEFENDANTS' MOTION TO DISMISS DANA L. RASURE , Bankruptcy Judge . Before the Court is Defendants['] Motion to Dismiss & Brief in Support ("Motion") (Adv. Doc. 47) filed by Defendants Carrie Pettigrew and Thomas Mortensen on October 12, 2018. Both defendants seek dismissal of the Complaint for Violation of the Permanent Discharge Injunction filed by Plaintiff/Debtor Miranda Kristin Renfrow. Upon consideration of the Motion and applicable law, the Court finds and concludes...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' OBJECTION AND REQUEST TO SET-ASIDE THE CLERK'S ENTRY OF DEFAULT DANA L. RASURE , Bankruptcy Judge . Before the Court is the Objection and Request to Set-Aside the Clerk's Entry of Default (Adv. Doc. 22) filed by Defendants Carrie Pettigrew and Thomas Mortensen ("Request to Set-Aside Default") 1 and the response filed by Plaintiff Miranda Kristin Renfrow (Adv. Doc. 23). 2 An evidentiary hearing was held on April 18, 2018. Upon...
ORDER GRANTING RULE 52(c) MOTION DANA L. RASURE , Bankruptcy Judge . On August 9, 2018, the objection to discharge claims of Plaintiff Maxine Armstrong, as Guardian of the Person and Estate of Adrian Armstrong, against Defendant/Debtor Deborah Oslin under 11 U.S.C. 727(a)(2)(A), (a)(3), and (a)(4)(A) 1 came on for trial. Exhibits were admitted by stipulation. Ms. Armstrong called one witness, Ms. Oslin, before resting. Ms. Oslin moved for a directed verdict, which, in a non-jury trial,...
MEMORANDUM OPINION DANA L. RASURE , Bankruptcy Judge . Plaintiff Juventino Gayton Quiroz ("Gayton") 1 filed this adversary proceeding against Defendant United States of America, ex rel. Internal Revenue Service (the "IRS") to obtain a declaration that federal income taxes owed for tax years 2005, 2006, 2007, 2009, and 2011 were discharged under 11 U.S.C. 523(a)(1)(A) 2 when Gayton received his general discharge in Bankruptcy Case No. 15-10292. After the IRS answered the complaint,...
ORDER GRANTING MOTION TO DISMISS CLAIMS UNDER 11 U.S.C. 523(a)(6) AND 523(a)(9) DANA L. RASURE , UNITED STATES BANKRUPTCY JUDGE Before the Court is the Motion to Dismiss Claims Under 11 U.S.C. 523(a)(6) and 523(a)(9) (Adv. Doc. 5) ("Motion to Dismiss") filed on November 6, 2017, by Defendant/Debtor Deborah Oslin ("Oslin"), and the response and brief in support (Adv. Doc. 9) ("Response") filed on November 20, 2017, by Plaintiff Maxine Armstrong, as Guardian of the Person and...
ORDER DENYING MOTION TO DISMISS DANA L. RASURE , Bankruptcy Judge . Before the Court is the Defendants' Motion to Dismiss Adversary Complaint & Brief in Support (Adv. Doc. 19) ("Motion to Dismiss"), filed by Defendants Courtney Grogan, Successor Trustee of The Joe C. Cole Revocable Trust, under Trust Agreement Dated March 28, 2002 ("Grogan"), and Atkinson, Haskins, Nellis, Brittingham, Glass & Fiasco, P.C. ("Grogan's Counsel") (collectively,"Defendants") on October 16, 2017. Plaintiff/...
ORDER GRANTING IN PART AND DENYING IN PART FIRST AND FINAL APPLICATION OF CHAPTER 11 TRUSTEE FOR COMPENSATION FOR SERVICES RENDERED AND REIMBURSEMENT OF EXPENSES INCURRED DANA L. RASURE , Bankruptcy Judge . On February 1, 2017, Todd A. Frealy, Chapter 11 Trustee ("Trustee") filed his First and Final Application of Chapter 11 Trustee for Compensation for Services Rendered and Reimbursement of Expenses Incurred, and Notice of Opportunity for Hearing Thereon (Doc. 187) ("Application"). No...
OPINION REGARDING DISGORGEMENT OF FEES TOM R. CORNISH , Bankruptcy Judge . Before the Court is Debtor Stephen Lynch's Motion to Disgorge Fees Paid to Martha Hyde (Docket Entry 364) and Martha Hyde's Response (Docket Entry 369). This Court held an evidentiary hearing on this matter on November 1, 2016. After reviewing the evidence and applicable law the Court finds that the Motion should be granted, Hyde should be allowed to retain $22,624.02 in fees and costs paid to her, and shall...
MEMORANDUM OPINION TERRENCE L. MICHAEL , CHIEF JUDGE UNITED STATES BANKRUPTCY COURT . Organizing a business as a limited liability company, or LLC, under state law can provide various benefits to the owners, such as protecting the owners from any debts of and judgments against the business. In Oklahoma, in order to take advantage of these benefits, owners are required to register an LLC with the Oklahoma Secretary of State, and maintain that registration through the filing of annual...
MEMORANDUM OPINION TERRENCE L. MICHAEL , CHIEF JUDGE , UNITED STATES BANKRUPTCY COURT. This case presents the narrow question of whether a Chapter 13 trustee can file an objection to an unsecured claim after confirmation of a Chapter 13 plan. The creditor says no, arguing that once the plan is confirmed, all claim issues are precluded by the order of confirmation. The Chapter 13 trustee disagrees, arguing that neither the Bankruptcy Code nor the Bankruptcy Rules contain a deadline for...
MEMORANDUM OPINION TERRENCE L. MICHAEL , Chief Bankruptcy Judge . Every one of us hides something from time to time. It may be a holiday gift that you don't want your kids to secretly unwrap before the appointed day, or a favorite t-shirt from college that your spouse has been trying to throw away for the last twenty years. Some things are harder to hide than others. Like a multi-million dollar lawsuit, for example, or a fully restored stolen 1967 Camaro. In this case, the debtors are...
