Legal Opinion
In re Grooms
United States Bankruptcy Court, W.D. Oklahoma
Decided February 28, 2019No. Case No. 18-14284-JDLPublishedCited by 2 opinions
1Opinion of the Court
Janice D. Loyd, U.S. Bankruptcy Judge
I. Introduction
The issue before the Court is one of first impression: Is a 162 acre tract of real property to which record title has always been held by a limited liability company whose articles of organization have been canceled by the Oklahoma Secretary of State constitute "property of the estate" of the Chapter 13 debtor who is the sole member of the limited liability company? First State Bank of Duncan (the "Bank") which holds a first mortgage on the property, and who obtained a state court judgment in foreclosure, has moved to lift the automatic stay…
2Cases cited21 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Daitom, Inc. v. Pennwalt CorporationCourt of Appeals for the Tenth Circuit · 1984
- In the Matter of Vance Cole Chesnut, Debtor. Mark T. Brown, Templeton Mortgage Corp. v. Vance Cole ChesnutCourt of Appeals for the Fifth Circuit · 2005
- Bailey v. Big Sky Motors, Ltd.Court of Appeals for the Tenth Circuit · 2002
- Mindgames, Inc. v. Western Publishing Company, Inc.Court of Appeals for the Seventh Circuit · 2000
16 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Gallegly v. Cordell Memorial Hospital FoundationDistrict Court, W.D. Oklahoma · 2023
- SE Property Holdings, LLC v. StewartUnited States Bankruptcy Court, W.D. Oklahoma · 2022