Janice D. Loyd | ABI

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.

Court :

Oklahoma Western District

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.

Court :

Oklahoma Western District

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.

Court :

Oklahoma Western District

Two Bankruptcy Judges Address Splits on Two Major Preference Issues

Does Rule 9006(a) expand the 30-day window for perfection, and can perfection be “substantially contemporaneous” even if perfection occurs after 30 days?

Court :

Texas Western District

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.

Court :

Oklahoma Western District

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.

Court :

Oklahoma Western District

Child Support Cases Avoid Thorny Choice of Law Questions

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

Court :

Oklahoma Western District

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