DANA L. RASURE , UNITED STATES BANKRUPTCY JUDGE . TABLE OF CONTENTS I. JURISDICTION...800 II. FINDINGS OF FACT...800 A. Background Leading to the Appointment of Trustee...801 B. Initial Trustee Period...804 C. Challenge to the Legitimacy of Trustee...807 1. Findings Supporting Denial of Motion to Dismiss...809 2. Finding of No Agreement to Limit Trustee's Powers...809 3. Finding Cause to Appoint Trustee...810 4. Findings. Supporting Denial of Motion to Terminate Trustee, and...
ORDER DENYING MOTION TO EXCUSE DEBTOR FROM MEETING OF CREDITORS AND NOTICE OF OPPORTUNITY FOR HEARING [DOC. 9] SARAH A HALL , Bankruptcy Judge . Before the Court is the Motion to Excuse Debtor from Meeting of Creditors and Notice of Opportunity for Hearing [Doc. 9] (the "Motion") filed by debtor Kristi R. Bias ("Debtor") on November 30, 2015. In the Motion, Debtor explains that she is an inmate sentenced to a term of incarceration in a federal prison; therefore, she cannot personally...
ORDER GRANTING DEFENDANTS CSA, CSI, DR. BOCK, DR. BRAND, AND DR. STUEMKY'S MOTION TO DISMISS PLAINTIFF'S ADVERSARY COMPLAINT AND BRIEF IN SUPPORT THEREOF [DOC. 11] SARAH A. HALL , Bankruptcy Judge . Before the Court are the following: 1. Defendants CSA, CSI, Dr. Bock, Dr. Brand and Dr. Stuemky's Motion to Dismiss Plaintiff's Adversary Complaint and Brief in Support Thereof [Doc. 11], filed by defendants Cypress Springs Associates, LLC ("CSA"), Cypress Springs Investments, LP ("CSI"),...
ORDER DENYING JOINT MOTION FOR DISMISSAL WITH PREJUDICE DANA L. RASURE , Bankruptcy Judge . Before the Court is the Joint Motion for Dismissal with Prejudice and Notice of Opportunity for Hearing filed jointly by Plaintiff Michael E. Deeba, Trustee ("Trustee") and Defendant Lew S. McGinnis ("McGinnis") (Adv. Doc. 11) ("Joint Motion to Dismiss"); the Objection of United States Trustee ["UST"] to Joint Motion to Dismiss Adversary Proceeding (Adv. Doc. 12); the Objection of Cobblestone...
ORDER DENYING MOTION FOR DISMISSAL WITH PREJUDICE DANA L. RASURE , Bankruptcy Judge . Before the Court is the Motion for Dismissal with Prejudice and Notice of Opportunity for Hearing filed by Plaintiff Michael E. Deeba, Trustee ("Trustee")(Adv. Doc. 23) ("Motion to Dismiss"); the Objection of United States Trustee ["UST"] to . . . Motion to Dismiss Adversary Proceeding (Adv. Doc. 24); the Objection of Cobblestone Apartments of Tulsa, LLC, et al. ["Cobblestone"] to . . . Motions for...
ORDER (i) DENYING MOTIONS FOR ADDITIONAL TIME TO FILE COMPLETED PAY ADVICES AND NOTICE OF OPPORTUNITY FOR HEARING [DOCS. 21 AND 22] AND (ii) DISMISSING BANKRUPTCY CASE SARAH A HALL , Bankruptcy Judge. On December 16, 2015, the (i) Debtor's Second Motion for Additional Time to File Completed Pay Advices and Notice of Opportunity for Hearing [Doc. 21], filed by Elsa D. Cervantes ("Debtor") on November 12, 2015, and (ii) Debtor's First Amended Motion for Additional Time to File Completed Pay...
ORDER (i) DENYING MOTIONS FOR ADDITIONAL TIME TO FILE COMPLETED PAY ADVICES AND NOTICE OF OPPORTUNITY FOR HEARING [DOCS. 15 AND 16] AND (ii) DISMISSING BANKRUPTCY CASE SARAH A. HALL , Bankruptcy Judge . On December 16, 2015, the (i) Debtor's Motion for Additional Time to File Completed Pay Advices and Notice of Opportunity for Hearing [Doc. 15], filed by Kenneth Ty Bassham ("Debtor") on November 16, 2015, and (ii) Debtor's First Amended Motion for Additional Time to File Completed Pay...
ORDER (i) DENYING MOTIONS FOR ADDITIONAL TIME TO FILE COMPLETED PAY ADVICES AND NOTICE OF OPPORTUNITY FOR HEARING [DOCS. 28 AND 29] AND (ii) DISMISSING BANKRUPTCY CASE SARAH A. HALL , Bankruptcy Judge . On December 16, 2015, the (i) Debtor's [sic] Second Motion for Additional Time to File Completed Pay Advices and Notice of Opportunity for Hearing [Doc. 28], filed by Robert Hays and Diann Michelle Hays (collectively, "Debtors") on November 12, 2015, and (ii) Debtor's [sic] First Amended...
RECOMMENDATION TO DISTRICT COURT THAT DEFENDANT'S MOTION TO WITHDRAW REFERENCE BE DENIED DANA L. RASURE , Bankruptcy Judge . Before the Court is the Defendant's Motion to Withdraw the Bankruptcy Reference of This Case and to Transfer it to the U.S. District Court for the Western District of Oklahoma for Further Proceedings and a Jury Trial (Adv. Doc. 24) filed by Defendant Pinkerton & Finn, P.C. ("P&F") on July 15, 2013 ("Motion"); Plaintiff's Response thereto (Adv. Doc. 29) filed by...
ORDER DENYING JOINT MOTION FOR DISMISSAL WITH PREJUDICE DANA L. RASURE , Bankruptcy Judge . Before the Court is the Joint Motion for Dismissal with Prejudice and Notice of Opportunity for Hearing filed jointly by Plaintiff Michael E. Deeba, Trustee ("Trustee") and Defendant Pinkerton & Finn, P.C. ("P&F") (Adv. Doc. 44) ("Joint Motion to Dismiss"); the Objection of United States Trustee ["UST"] to Joint Motion to Dismiss Adversary Proceeding (Adv. Doc. 45); the Objection of Cobblestone...
