Legal Opinion
Bank of Oklahoma v. Ashley
Court of Civil Appeals of Oklahoma
Decided May 14, 2009No. Case Number: 105270PublishedCited by 2 opinions
1Opinion of the Court
DOUG GABBARD II, Presiding Judge.
T1 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 0.8.2001 § 706(E)(2)? We find that it does and affirm.
FACTS
T2 The essential facts are undisputed: In 2002, Bank filed a lawsuit against Defendant to collect an indebtedness. 1 In 2008, Bank obtained a default judgment, recorded it in Oklahoma…
2Cases cited18 opinions
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Arruda v. Sears, Roebuck & Co.Court of Appeals for the First Circuit · 2002
- Cooper v. State ex rel. Department of Public SafetySupreme Court of Oklahoma · 1996
- Sharp v. Tulsa County Election BoardSupreme Court of Oklahoma · 1995
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3Cited by2 opinions
- Jones v. Purcell Investments, LLCCourt of Civil Appeals of Oklahoma · 2009
- Grasz v. Discover Bank ex rel. SA Discover Financial Services, Inc.Court of Civil Appeals of Oklahoma · 2013