OPINION TOM R. CORNISH , UNITED STATES BANKRUPTCY JUDGE . Plaintiff Pamela Sue Christie seeks to recover damages from Defendant Fort Gibson State Bank for violations of the automatic stay and discharge injunction. Plaintiff Christie's confirmed chapter 13 plan provided that she would pay off the Bank's secured claims in full during the life of the plan, and the Bank would then release its liens. Plaintiff Christie completed her chapter 13 plan; however, before it would release its liens,...
OPINION TOM R. CORNISH , Bankruptcy Judge . This dispute arose over the remodeling and renovation of a 112-year-old house just outside the city limits of Hearne, Texas. The Plaintiffs, Joe and Linda Powell, hired Defendant Jeremy Taylor to do the construction work. The home was not completed satisfactorily in accordance with the Powells' expectations. They sued Taylor for the total cost of the renovations in Texas state court. When Taylor filed bankruptcy in Oklahoma, they filed this...
ORDER DENYING MOTION FOR SUMMARY JUDGMENT TOM R. CORNISH , Bankruptcy Judge . Before the Court is Defendant's Motion for Summary Judgment with Brief in Support (Docket Entries 24 and 25), and Plaintiff's Objection (Docket Entry 26). After reviewing the motion and brief, objection, and supporting documentation, the Court finds that the motion for summary judgment should be denied. To prevail on a motion for summary judgment, the moving party must establish that there is "no genuine issue...
ORDER REGARDING ELIGIBILITY TOM R. CORNISH , Bankruptcy Judge . Before the court is Trustee's Motion to Dismiss (Docket Entry 43) and Debtor's Objection (Docket Entry 50). The court held an evidentiary hearing on this matter on September 19, 2019. Both parties submitted exhibits to the court and stated that there were no facts in dispute. After reviewing the evidence, arguments of counsel and applicable legal authorities, the court finds that Debtor is not eligible to proceed under...
ORDER DENYING MOTION TO ABSTAIN TOM R. CORNISH , Bankruptcy Judge . On July 11, 2019, Debtor's Motion for Abstention (Docket Entry 121), with objection filed by LSF8 Master Participation Trust (Docket Entry 130) came on for evidentiary hearing before this court. After review of the docket, record and exhibits submitted in this case, the court finds that the motion should be denied. A motion for abstention pursuant to 11 U.S.C. 305(a) is extraordinary relief, only to be granted if the...
ORDER DENYING MOTION FOR REHEARING TO RECONSIDER DISMISSAL TOM R. CORNISH , Bankruptcy Judge . Before the court is Plaintiffs' Motion for Rehearing of March 27, 2019 Order of Dismissal with Prejudice (Docket Entry 68). The court held a hearing on this motion and Defendants' objections. For the reasons set forth below, the motion seeking relief from this court's order of dismissal is denied. The Levings proceed under Fed. R. Civ. P. 59(e), applicable to this proceeding by Fed. R. Bankr. P....
ORDER DETERMINING PROCEEDING TO BE NON-CORE AND REPORT AND RECOMMENDATION TO DISTRICT COURT REGARDING UNOPPOSED MOTION TO WITHDRAW THE REFERENCE TOM R. CORNISH , Bankruptcy Judge . On January 24, 2019, Debtor Ronald Edward Marusak filed a Notice of Removal to Bankruptcy Court of Case No. CJ-2014-134, from the District Court of Carter County, Oklahoma (Docket Entry 1). He states in this Notice that he does not consent to the entry of final orders by this bankruptcy court as required by Fed....
ORDER OF DISMISSAL WITH PREJUDICE TOM R. CORNISH , Bankruptcy Judge . Before the Court are motions to dismiss filed by each Defendant pursuant to Fed. R. Civ. P. 12(b)(1) and (6). For the reasons set forth below, the motions are granted and this case is dismissed with prejudice. I. Procedural History Plaintiffs James and Margaret Levings filed their original Complaint against JPMorgan Chase Bank, N.A. ("Chase") for breach of contract, declaratory and injunctive relief, quiet title,...
ORDER DENYING MOTION TO DISMISS TOM R. CORNISH , Bankruptcy Judge . Before the Court is Defendant's Motion to Dismiss Plaintiff's Amended Complaint for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6). This Court held a hearing on Defendant's Motion and Plaintiff's objection on November 14, 2018 and took the matter under advisement. After review, this Court finds that the motion to dismiss should be denied. Rule 12(b)(6) of the Federal Rules of Civil Procedure is made...
MEMORANDUM OPINION TOM R. CORNISH , Bankruptcy Judge . Plaintiff Pinnacle Agriculture Distribution, Inc. ("Pinnacle") seeks a determination that Defendant Othel H. Gamble, Jr. should be denied a discharge of his debts pursuant to 11 U.S.C. 727(a)(2)(A), (2)(B), (3), (4)(A), and (5). Alternatively, Pinnacle seeks to except his debt from discharge pursuant to 11 U.S.C. 523(a)(2)(A). A trial on the merits was held jointly with Pinnacle's adversary case against Othel Gamble's brother and...
MEMORANDUM OPINION TOM R. CORNISH , Bankruptcy Judge . Plaintiff Pinnacle Agriculture Distribution, Inc. ("Pinnacle") seeks a determination that Defendant Michael G. Gamble should be denied a discharge of his debts pursuant to 11 U.S.C. 727(a)(2)(A), (2)(B), (3), (4)(A), and (5). Alternatively, Pinnacle seeks to except his debt from discharge pursuant to 11 U.S.C. 523(a)(2)(A). A trial on the merits was held jointly with Pinnacle's adversary case against Michael Gamble's brother and...
MEMORANDUM OPINION TOM R. CORNISH , Bankruptcy Judge . Plaintiff AVB Bank ("AVB") seeks a determination that Defendant Elsie Marie Costigan's debts to it are excepted from discharge pursuant to 11 U.S.C. 523(a)(2)(A), (a)(4), and (a)(6). A trial on the merits was held jointly with AVB's adversary case against Costigan's ex-husband, Stephen L. Costigan, Adv. Case No. 16-8019-TRC. After careful review of the testimony and exhibits admitted, as well as the relevant legal arguments and...
ORDER REGARDING ATTORNEY FEES AND COSTS TOM R. CORNISH , Bankruptcy Judge . Before the Court for consideration is the Plaintiff's Application for Allowance of Attorney's Fees (Docket Entry 77), Defendant M & T Bank's Response (Docket Entry 78), and Plaintiff's Reply (Docket Entry 79.) After trial held February 16, 2017, this Court determined that Defendant M & T Bank had violated the discharge injunction under 11 U.S.C. 524(i) and awarded actual and punitive damages to Plaintiff Ridley,...
ORDER TOM R. CORNISH , Bankruptcy Judge . Before the Court is the Application for Attorney's Fees and Costs filed by the Plaintiff on March 24, 2017 (Docket Entry 17). After review, this Court finds that an award of costs to Plaintiff as prevailing party is appropriate, but declines to award attorney fees. Fed. R. Bankr. P. 7054 allows an award of costs to the prevailing party. Costs of $355.37 have been requested and this Court finds them to be appropriate in this case. However,...
MEMORANDUM OPINION TOM R. CORNISH , UNITED STATES BANKRUPTCY JUDGE . Plaintiff Charles D. Ridley seeks an order from this Court finding that Defendant M & T Bank violated the automatic stay and discharge injunction. After conducting a trial in this matter, the Court finds that Defendant M & T Bank did violate the discharge injunction and should therefore be found in contempt of court. The Court also awards damages including lost wages, punitive damages and attorney fees to Ridley....
ORDER DISALLOWING PROOF OF CLAIM TOM R. CORNISH , Bankruptcy Judge . Before the Court is Trustee's Objection to Proof of Claim #13-1 of American Financial Resources, Inc., aka LoanCare, LLC (Doc. 64) with Brief in Support (Doc. 68), Response by Creditor American Financial Resources, Inc. (Doc. 66) and Supplemental Response (Doc. 69). The Court heard arguments of counsel and took this matter under advisement. Based upon its review of this case and applicable law, the Court finds that...
OPINION DISALLOWING PROOF OF CLAIM AND DENYING CONFIRMATION OF AMENDED PLAN TOM R. CORNISH , UNITED STATES BANKRUPTCY JUDGE . The Court is faced with two issues: 1) whether to allow an untimely proof of claim filed by the Debtor's home mortgage creditor, JPMorgan Chase Bank; and 2) whether to confirm the Debtor's Amended Plan which proposes to pay nothing on the mortgage debt but be deemed current on his mortgage at the conclusion of his chapter 13 plan. For reasons set forth below, the...
ORDER DENYING MOTION TO DISMISS FOR LACK OF JURISDICTION TOM R. CORNISH , Bankruptcy Judge . Several defendants seek an order from this Court dismissing this adversary proceeding for lack of both subject matter and personal jurisdiction. Plaintiff filed a complaint for interpleader relief requesting that the Court grant it the right to interplead parties and pay into the registry of the Court proceeds from a liability insurance policy wherein the Debtor is the primary named insured. After...
OPINION TOM R. CORNISH , UNITED STATES BANKRUPTCY JUDGE . Plaintiff First Bank and Trust Co. seeks to deny Defendant Debtor Ondre Reynolds' discharge pursuant to 11 U.S.C. 727(a)(2), (4), (5) and (6). In the alternative, Plaintiff seeks to except debt from discharge pursuant to 11 U.S.C. 523(a)(2) and (6). Plaintiff alleges that Debtor misrepresented possession of collateral, failed to adequately protect collateral, made false statements in his bankruptcy schedules, and withheld...
ORDER REGARDING ATTORNEY FEES AND COSTS TOM R. CORNISH , Bankruptcy Judge . Before the Court for consideration is the Plaintiff's Application for Allowance of Attorneys' Fees including expenses (Docket Entry 68) and Defendant Sotelo's Response and Memorandum Brief (Docket Entry 71). The parties agreed to submit this matter to the Court without the necessity of a hearing. After trial held on August 17, 2016, this Court determined that Defendant Sotelo had violated the discharge injunction...
