November 30, 2023

Willful Breach of Contract Doesn’t Result in Section 523(a)(6) Nondischargeability

Without allegations of an intentional tort, a willful breach of contract can’t be nondischargeable as a ‘willful and malicious’ injury.

10th Circuit, Oklahoma, Oklahoma Western District

October 25, 2022

A ‘Letter Box’ Company Is Denied Foreign Main and Nonmain Recognition in Chapter 15

Being registered, plus having directors and an address, on the Isle of Man wasn’t sufficient to show COMI or an ‘establishment’ justifying recognition under chapter 15.

10th Circuit, Oklahoma, Oklahoma Western District

October 18, 2022

Otherwise Valid Post-Petition Claims Sometimes Won’t Qualify for Administrative Status

Judge Sarah Hall declined to expand the exception in Reading for post-petition claims to have administrative status.

10th Circuit, Oklahoma, Oklahoma Western District

August 11, 2022

Retirees Breathe a Sigh of Relief: A Golf Cart Can Be an Exempt Motor Vehicle

Surprisingly, no court had previously ruled on whether a golf cart can be exempt.

10th Circuit, Oklahoma, Oklahoma Western District

October 25, 2021

Barton Didn’t Stop Creditors from Garnishing a Chapter 13 Trustee After Dismissal

The debtor’s bad faith chapter 13 filings convinced Judge Hall to allow garnishment of funds held by the trustee after dismissal.

10th Circuit, Oklahoma, Oklahoma Western District

July 07, 2020

Subchapter V Isn’t Always an Antidote for a Failing Chapter 11 Reorganization

Misconduct in the prior chapter 11 case barred debtors from proceeding as a small business reorganization under subchapter V of chapter 11.

10th Circuit, Oklahoma, Oklahoma Western District

April 17, 2020

Cashier’s Checks and Ordinary Checks Are Treated the Same Under Barnhill

The UCC and Barnhill are in accord when it comes to ownership of funds underlying an unpaid check.

10th Circuit, Oklahoma, Oklahoma Western District

May 23, 2019

Reconstructed Time Records Are Ok in a POC for Pre-Filing Attorneys’ Fees

Rule 3001 doesn’t require time records in a mortgage lender’s proof of claim, Judge Loyd says.

10th Circuit, Oklahoma, Oklahoma Western District

December 19, 2016

Child Support Cases Avoid Thorny Choice of Law Questions

Judge Janice Loyd writes a handbook on choice of law and statutes of limitations.

10th Circuit, Oklahoma, Oklahoma Western District

May 23, 2016

Debt for Rape Is Dischargeable Without Proof of Subjective Intent to Injure

Proving occurrence of rape evidently does not carry a presumption of intent to injure.

10th Circuit, Oklahoma, Oklahoma Western District