Legal Opinion

Bank of Oklahoma, N.A. v. Miller

Court of Civil Appeals of Oklahoma

Decided February 25, 2016No. Case Number: 113146Published

1Opinion of the Court

P. THOMAS THORNBRUGH, PRESIDING JUDGE:

¶ 1 David Wayne Miller II and Heather Leigh Miller (Millers) appeal the refusal of the district court to- vacate a personal judgment made against them during the pen-dency of a bankruptcy stay, and the court’s refusal to vacate a resulting deficiency order, On review, we find the in personmi judgment was void because it was made during the bankruptcy stay, and the subsequent deficiency order is therefore also .void.

BACKGROUND

¶ 2 Beginning in 2001, Millers entered into a series of loans with Bank of Oklahoma, N.A. (Bank). In January 2009, Millers filed a…

2Cases cited15 opinions

  1. Johnson v. Home State BankSupreme Court of the United States · 1991
  2. Kalb v. FeuersteinSupreme Court of the United States · 1940
  3. Richard D. Price, Jr., Formerly Doing Business as Richard D. Price, Jr. & Associates, Limited v. James M. Rochford, Kirk A. Holman, Jack C. VieleyCourt of Appeals for the Seventh Circuit · 1991
  4. Schepp v. HessSupreme Court of Oklahoma · 1989
  5. Davis v. Courington (In Re Davis)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995

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