| Oklahoma Creditor Law |
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Carts & Parts, Inc. v. Antonio L. Rosales
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¶1 Defendant/Appellant, Antonio L. Rosales, seeks review of the trial court's order in favor of Plaintiff/Appellee, Carts & Parts, Inc. (Carts & Parts), enjoining and prohibiting Appellant from using, selling and disposing of his real and personal property, of whatever kind and nature, including death proceeds from several life insurance policies insuring Appellant's wife, Kyrle W. Rosales. We re... More... $0 (10-01-2009 - OK)
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Bank of Oklahoma, N.A. v. Red Arrow Marina Sales & Service, Inc.
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¶1 Certiorari was granted to settle the first-impression question whether a creditor who does not impose liability on a mortgage debtor for the deficiency that remains after a foreclosure sale may maintain a suit against the debtor and other parties for fraud in the inducement of the loan that is secured by mortgage. In short, we are asked to decide whether the mortgage debt's satisfaction under ... More... $0 (10-13-2009 - OK)
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Bank of Oklahoma v. Regina Ashley
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¶1 Defendant, Regina Ashley n/k/a Williams, appeals from the trial court's denial of her motion to release a judgment lien held by Plaintiff, Bank of Oklahoma (Bank). At issue is a question of first impression: Does a pre-existing judgment lien on a debtor's real property survive a bankruptcy discharge in light of 12 O.S.2001 § 706(E)(2)? We find that it does and affirm.
FACTS
¶2 ... More... $0 (05-14-2009 - OK)
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Tharon Paup, et al. v. Gear Products, Inc.
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Gear Products, Inc. discharged Gwen Coffelt, Tharon Paup, and Carol Shuffitt in 2001. The three former employees filed suit contending that the company based their discharge on impermissible age discrimination in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (“ADEA”). The district court granted summary judgment to Gear Products, and the plaintiffs now seek rev... More... $0 (06-19-2009 - OK)
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Steve Crutchfield v. Marine Power Engine, Tige Boats, Inc. and Marine Power Holding, LLC
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¶1 The first impression issue presented is whether Marine Power Holding, L.L.C. (MP Holding), a successor company once-removed from Marine Power Engine, Inc. (MP Engine), is liable for a judgment taken against MP Engine. As a general rule, when one company sells or otherwise transfers all its assets to another company, the successor is not liable for the debts and liabilities of the seller. There... More... $0 (05-05-2009 - OK)
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American Associates, Inc. v. Vern Quimby, Orpha Quinby and Brent L. Hajekc
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¶1 Defendants Vern Quimby,1 Orpha Quimby and Brent L. Hajek appeal from an order granting summary judgment in favor of Plaintiff American Associates, Inc. (Creditor), which set aside the judgment in a prior state court action2 for the purpose of permitting Plaintiff to be added as a necessary party to that action pursuant to 12 O.S. 2001 §2019.
I. Timeline of Relevant Facts and Litigatio... More... $0 (10-16-2008 - OK)
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Michael A. Brady v. UBS Financial Services, Inc.; Greater Southwest Funding Corporation
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Michael Brady brought suit against Greater Southwest Funding Corporation (“GSW”) and UBS Financial Services (“UBS”), which Brady contends is GSW’s alter ego, for payment on bonds issued by GSW. The district court dismissed Brady’s claims as time barred. This court has jurisdiction pursuant to 28 U.S.C. § 1291 and holds that Brady acquired a right to sue on the Stated Maturity of his b... More... $0 (09-01-2008 - OK)
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Dana L. Price-Cornelison v. Steve Brooks
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Defendant-Appellant Steve Brooks, the Undersheriff of Garvin County,
Oklahoma, appeals the district court's decision denying him qualified immunity
on Plaintiff-Appellee Dana L. Price-Cornelison's two constitutional claims that
Brooks failed to enforce Price-Cornelison's protective orders because she is a
lesbian victim of domestic violence. Price-Cornelison specifically alleged that, in
refu... More... $0 (05-12-2008 - OK)
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Patrick J. Malloy, III, Trustee v. Wilserve Credit Union
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Defendant-Appellant, WilServ Credit Union ("credit union"), appeals from
an order and judgment of the Bankruptcy Appellate Panel ("BAP") affirming the
judgment of the bankruptcy court. In re Harper, No. 06-076, 2007 WL 45918
(10th Cir. BAP Jan. 9, 2007). The bankruptcy court entered judgment in favor of
Plaintiff-Appellee, Patrick J. Malloy, III, the chapter 7 trustee ("trustee"),
avoidi... More... $0 (01-24-2008 - OK)
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DCR Fund I, LLC.v. TS Family Limited Partnership, et al.
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In 2001 appellant Tal Technologies Inc. ("TTI") defaulted under the terms
of a November 8, 1996, promissory note ("Note") in favor of appellee Bank One,
N.A. ("Bank One"). Bank One subsequently sold the Note to appellee DCR Fund
I, LLC ("DCR"). When TTI failed to comply with DCR's demands for payment,
DCR filed this action seeking foreclosure of an associated mortgage and the
enforcement... More... $0 (01-24-2008 - OK)
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Gonzalez v. Citizens Security Bank and Trust Company
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1 Appellant Citizens Security Bank and Trust Company, an Oklahoma lending institution (Bank) seeks review of the trial court's order granting summary judgment, by which the trial court adjudicated the priority of the parties' respective liens. In this accelerated review proceeding, Bank complains the trial court erred in holding the purchasers' lien asserted by Appellees Mike Gonzalez and K... More... $0 (01-11-2008 - OK)
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Bancfirst v. Harold Cox and Geraldine Cox
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�1 Appellant, BancFirst, appeals from an order of the trial court in a probate proceeding that the stock of Jay Carlton Cox (Jay) in American First Abstract Company (Abstract Company) was not subject to BancFirst's judgment lien or claims.
�2 The stock was a substantial asset in Jay's Estate. BancFirst was a creditor of Jay's Estate by way of a Deficiency Judgment issued i... More... $0 (12-27-2007 - OK)
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Dollar Rent A Car Systems, Inc. v. P.R.P. Enterprises, Inc., et al.
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Plaintiff-Appellee Dollar Rent A Car Systems ("Dollar"), an Oklahoma corporation, sued Defendant-Appellant PRP Enterprises, Inc., a Florida corporation, and PRT Enterprises, Inc., a Virginia corporation, ("Franchisees") for declaratory judgment that Dollar was entitled to terminate its relationship with Franchisees and breach of contract arising from Franchisees' failure to make payments as re... More... $0 (08-04-2007 - OK)
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John F. Thaxton, II and Annette Thaxton v. Beneficial Mortgage Co. of Oklahoma and Beneficial Oklahoma, Inc.
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1 Plaintiffs, John F. Thaxton II and Annette Thaxton, appeal an order of summary judgment granted in favor of Defendants, Beneficial Mortgage Co. (BMC) and Beneficial Oklahoma, Inc. (BOI). For the following reasons, we affirm in part, reverse in part, and remand for further proceedings.
FACTS
2 In July 1994, Dennis and Janet Bullock granted BMC a first mortgage on their real propert... More... $0 (08-01-2006 - OK)
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Wilhelm Murg, Jr. v. Barnsdall Nursing Home
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1 The dispositive issue presented for our review is whether the letters of special administration of appellant, Wilhelm Murg, Jr., Individually and as Personal Representative of the Estate of Virginia Murg, Deceased, (hereinafter "Murg, Jr.,") properly were issued, or whether his appointment was void ab initio (99,701) (Murg I). Our holding regarding appellant's negligence claim against appelle... More... $0 (10-18-2005 - OK)
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Greening Donald Co., Ltd. v. Oklahoma Wire Rope Products, Inc.
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�1 The appellant, Greening Donald Co., Ltd. is a judgment creditor of appellee, C.J. Anderson. In an attempt to collect a portion of the outstanding judgment of $28,550.00, the appellant issued a garnishment summons to Union Bank and Trust Company of Oklahoma City, the custodian of the appellee's Individual Retirement Account (IRA). The garnishee bank responded with a claim for exempti... More... $0 (11-08-1988 - OK)
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BANK OF TULSA v. T.H. RUSSELL, et al.
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�1 Defendants appeal from the trial court's order which granted summary judgment for Plaintiff in this action to determine a security interest in an employee profit sharing plan and trust. Having reviewed the record and applicable law, we reverse.
�2 Bank of Tulsa instituted this action against Defendants as the Trustees of the T.H. Russell Profit Sharing Pl... More... $0 (07-21-1987 - OK)
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Betina L. Tillman, Personal Representative of the Estate of Filipe M. Tillman, Deceased, v. Camelot Music, Inc.
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Defendant Camelot, in an effort to take advantage of a provision in the Internal Revenue Code, purchased life insurance on all of its full-time employees, including Mr. Tillman. When Mr. Tillman subsequently died, Camelot received approximately $340,000 in life insurance proceeds. Upon learning of the life insurance policy and its subsequent pay out, Plaintiff, the personal representative of Mr... More... $0 (05-12-2005 - OK)
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SOMMER v. SOMMER
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�1 Former wife obtained a judgment against former husband for unpaid support alimony payments required by divorce decree. She then sought to hold former husband in contempt for unpaid alimony payments. Former husband filed a motion in limine to exclude evidence of alimony payments included in the judgment. The Honorable Sidney J. Gorelick, Judge of the District Court, granted the motio... More... $0 (10-14-1997 - OK)
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William A. Strong, et al. v. Donald D. Laubach and Southwestern Bell Telephone Company
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In case No. 01-6377, Southwestern Bell Telephone Company (SBTC), garnishee, appeals from a judgment holding it liable to garnishors William A. Strong and Carolyn E. Strong (Strongs), for funds SBTC paid to the judgment debtor, Donald D. Laubach.(1) In case No. 01-6409, Mr. Laubach appeals from a judgment in favor of the Strongs, limiting the exemption on workers' compensation proceeds he receiv... More... $0 (06-18-2004 - OK)
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PITTSBURG COUNTY RURAL WATER DISTRICT NO. 7, an agency and legally constituted authority of the State of Oklahoma v. CITY OF McALESTER, a municipality, and THE McALESTER PUBLIC WORKS AUTHORITY, a public trust
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The Pittsburg County Rural Water District Number 7 (Pitt-7) is a rural county water association in Oklahoma. The City of McAlester (McAlester) is a municipality in Oklahoma. Both Pitt-7 and McAlester are subdivisions of the State of Oklahoma, and both are water providers. Pitt-7 sued McAlester and a number of other entities under: (1) 42 U.S.C. § 1983, based on the claim that the defendants vio... More... $0 (02-15-2004 - OK)
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Steve Panalis and Cathy Panalis v. Larry Preston Moore
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This is an appeal from a decision of the district court sitting as an appellate court in bankruptcy. Holding a debt based on a state court judgment for intentional fraud was not dischargeable under 11 U.S.C. § 523(a)(6), the district court reversed a bankruptcy court's contrary judgment. We conclude the bankruptcy court's decision was correct and reverse the judgment of the district court.
More... $0 (02-04-2004 - OK)
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Clare A. Mendus v. Morgan & Associates, P.C.
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1 The trial court defendant/cross-plaintiff, Clare A. Mendus ("Mendus"), appeals an order granting summary judgment to the trial court cross-defendants, Morgan & Associates, P.C. and Lisa Gifford ("Morgan"). That order is final pursuant to 12 O.S. Supp.1998, § 994(A).
I. Facts
2 The facts are not in controversy. Credit Adjustment Co., Inc., as assignee, sued Mendus to collect a ... More... $0 (12-13-1999 - OK)
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U.S. Mortgage v. Donald D. Laubach, et al.
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1 The issue presented by this appeal is whether Strong creditors' judgment lien retained its efficacy at the time the trial court was called upon to determine the order of priority among the competing liens. We answer in the negative.
I
THE ANATOMY OF LITIGATION
2 U.S. Mortgage, the holder of a mortgage on Donald Laubach's (Laubach) real property located in Oklahoma County, b... More... $0 (07-01-2003 - OK)
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Aple Auto Cash Express, Inc. v. State ex rel. Oklahoma Department of Consumer Credit
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The question presented on certiorari is whether a company's purchase of customers' vehicles at a reduced price and the subsequent lease-back to the customers as rent-to-own vehicles falls under the Oklahoma Rental-Purchase Act, 59 O.S. 2001 §1950 et seq.1 or whether such transactions should be regulated as a supervised consumer loan under 14A O.S. 2001 §1-101 et seq.2 We hold that these transac... More... $0 (10-21-2003 - OK)
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Pittsburg County Rural Water District No. 7 v. City of McAlester, et al.
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The Pittsburg County Rural Water District Number 7 (Pitt-7) is a rural county water association in Oklahoma. The City of McAlester (McAlester) is a municipality in Oklahoma. Both Pitt-7 and McAlester are subdivisions of the State of Oklahoma, and both are water providers. Pitt-7 sued McAlester and a number of other entities under: (1) 42 U.S.C. § 1983, based on the claim that the defendants vio... More... $0 (10-20-2003 - OK)
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Elliott D. Bruner v. Elliott Bim Bruner and Leda V. Bruner
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Plaintiff Diana Bruner, as personal representative of the estate of her deceased husband E. Daniel Bruner (the Estate), brought this suit against Daniel's parents, Leda V. Bruner and E. Bim Bruner, seeking a declaration that the Estate is the equitable owner of certain tracts of land to which Leda and Bim hold legal title. Plaintiff claims that Leda and Bim used Daniel's assets to purchase the ... More... $0 (08-11-2003 - OK)
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John R. Booth and Thomas Frank Book v. Bobbie Jean McKnight
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1 The certiorari petition presents two dispositive issues for this court's resolution: [1] Was the Lincoln County District Court correct in concluding that the Craig County court's probate decree is facially void insofar as it distributes the mother's mineral interest? and [2] Did the former court err in quieting the brothers' title to the mineral interest? We answer both questions in the affi... More... $0 (05-13-2003 - OK)
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Carla L. Robey-Harcourt v. Bencorp Financial Company, Inc., Caszey Bennet, P.K. Smith, and Karlos Lesure
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Ms. Carla L. Robey-Harcourt entered a mortgage brokerage business contract with BenCorp Financial Company Inc. ("BenCorp"). In the contract, BenCorp agreed to "exert its best efforts to obtain a bona fide mortgage loan commitment" and "assembl[e] information, compil[e] file, and complet[e] credit application for borrower(s)." The contract specifically stated BenCorp could not make loans or guar... More... $0 (04-15-2003 - OK)
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State of Oklahoma v. Danny Ray Pyles, et al.
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1 Bail bond sureties Eddie Ray Inman and Roberta Dampf appeal the trial court's refusal to vacate the forfeiture of their respective bail bonds for criminal defendant, Danny Ray Pyles. Sureties Inman and Dampf acknowledge the bonds were properly forfeited upon Mr. Pyles' failure to make a scheduled court appearance. They also concede that they have been unable to return Mr. Pyles to custody after ... More... $0 (09-04-2002 - OK)
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Bruce V. Winston and Rodney R. Ramsey v. Stewart & Elder, P.C., et al.
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1 Today's appeal requires the Court to assess (1) the trial court's grant of summary judgment to Stewart and Elder, individually, SE Properties, and Stewart & Elder, a professional corporation, in a suit to enforce stock-purchase and employment agreements1 between (a) Bruce Winston and Rodney Ramsey [Winston/Ramsey or plaintiffs] and (b) Stewart & Elder, P.C. [law firm] and (2) the denial of summa... More... $0 (09-17-2002 - OK)
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K&H Well Service, Inc. v. Tcina Holding Company, Ltd.
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1 Today''s cause requires review of the process employed by K&H Well Service, Inc. [lien claimant or K&H] to secure a money judgment against named leasehold owners, to establish the validity of its 42 O.S.1991 § 1441 oil and gas well liens, and to foreclose the same.
I
FACTS AND PROCEDURAL HISTORY
2 K&H provided materials, supplies and well services in the reworking and drilling of... More... $0 (07-08-2002 - OK)
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Hi-Pro Animal Health, et al. v. Rusty Halverson d/b/a Halverson Ranch
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1 The trial court plaintiff, Hi-Pro Animal Health (Hi-Pro), appeals the decision of the trial court denying Hi-Pro's request for attorney fees in its action to domesticate a foreign judgment against the trial court defendant, Rusty Halverson (Halverson.)
BACKGROUND
2 The facts are not disputed. Hi-Pro obtained a default judgment in Texas against Halverson on an account. The judgment inclu... More... $0 (04-16-2002 - OK)
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Jones, Givens, Gotcher, & Bogan, P.C. v. Berger
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0 Jones, Givens, Gotcher & Bogan, P.C. had a claim against Jim and Tana Berger (Ms. Parks). Jones, Givens, Gotcher & Bogan, P.C. settled its claim against Ms. Parks and took a default judgment against Mr. Berger. The judgment was later assigned and sheriff's sale proceedings began against the Tulsa property owned by Jim Berger in an effort to satisfy the default judgment and claims of other credit... More... $0 (04-23-2002 - OK)
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First National Bank of Durant, et al. v. Honey Creek Entertainment Corp., et al.
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1 This case arises from the First National Bank in Durant's (Bank) $2.25 million loan to Honey Creek Entertainment Corporation (Honey Creek) to buy the Arbuckle Wilderness Park (Park) located just east of I-35 in Murray County, Oklahoma. Lena Clancy, Jim Rainer and Ron Armitage owned Honey Creek. Each owned one-third of the issued stock.
2 Alan Dufur was the President and C.E.O. of the Bank ... More... $1860000 (02-12-2002 - OK)
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Robbie Stevens d/b/a Grandpa's Place v. Bankamerica Housing Services
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1 This appeal concerns a dispute between the owner of a mobile home park and a secured creditor. Their dispute is over the disposition of a mobile home that was "abandoned" at the mobile home park.
2 The owner of the mobile home park contended that she had a storage lien pursuant to 42 O.S. Supp. 2000 § 91 for unpaid lot rent. The owner of the mobile home park conducted a sale of the mobile ho... More... $0 (01-11-2002 - OK)
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Paul Kohler v. Kline and Kline, Inc.
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1 Plaintiff, Paul Kohler, appeals the trial court's denial of his motion to set aside a summary judgment granted in favor of Defendant, Kline & Kline, Inc. The issue on appeal is whether the trial court abused its discretion in refusing to set aside the summary judgment. Upon review of the record and applicable law, we find that the trial court did not abuse its discretion and affirm.
BACKGROUN... More... $0 (01-16-2002 - OK)
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Hillcrest Medical Center v. Monroy
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1 The trial court defendant, Nadine M. Monroy (Monroy), appeals a decision which refused to retroactively refund to her the wages garnished by the trial court plaintiff, Hillcrest Medical Center (Hillcrest).
BACKGROUND
2 The essential facts are not disputed. Hillcrest holds a money judgment against Monroy which it obtained by default on May 16, 2000. On June 19, 2000, Hillcrest issued a one-... More... $0 (01-16-2002 - OK)
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Rice v. American Communications
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1 This is the appeal of American Communications Consultants of North America, Inc., and Tele-Solutions, Inc., from the trial court's June 22, 2000, order which held, among other things, that certain sums held by third party Hertz Technologies, Inc., (Hertz) were subject to the garnishment action of Richard Rice d/b/a Costwatch Consulting Group (Costwatch). Based upon our review of the facts and ap... More... $0 (08-07-2001 - OK)
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Estate of Bishop v. Equinox Internation Corporation
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This case arises from a trademark dispute between plaintiff-appellant, the Estate of James S. Bishop ("the Estate"), and defendant-appellee, Equinox International Corporation ("Equinox"), over Equinox's infringing use of the federally registered trademark "Essence of Life." We resolved a prior appeal in this case in Bishop v. Equinox International Corp., 154 F.3d 1220 (10th Cir. 1998) ("Bishop I")... More... $0 (07-20-2001 - OK)
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