Legal Opinion

McFee v. Kelly (In Re Kelly)

United States Bankruptcy Court, N.D. Oklahoma

Decided May 1, 1992No. 19-10202PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION

STEPHEN J. COVEY, Chief Judge.

Statement of Facts

Prepetition, the Debtor, Mitchell Lloyd Kelly, shot the Plaintiff, Martin L. McFee, on October 30, 1988. On May 5, 1990, the District Court for Tulsa County convicted the Debtor of assault and battery with a deadly weapon in Criminal Case No. CRF-88-4407 (“Criminal Case”). The Debtor was placed on probation and ordered to pay $16,000.00 in restitution.

On October 25, 1990, the Plaintiff filed a state court action against the Debtor alleging negligence and requesting $250,000.00 in damages for injuries sustained because of the…

2Cases cited5 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Kelly v. RobinsonSupreme Court of the United States · 1986
  3. John A. Mitchell v. Bruce King, Governor of the State of New MexicoCourt of Appeals for the Tenth Circuit · 1976
  4. In Re Waterkist Corporation, Debtor. City of Valdez, Alaska v. Waterkist CorporationCourt of Appeals for the Ninth Circuit · 1985
  5. In Re Brandon AssociatesUnited States Bankruptcy Court, W.D. Virginia · 1991

3Cited by3 opinions

  1. Lee-Benner Ex Rel. Mills v. Gergely (In Re Gergely)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  2. Yelverton v. Britt (In Re Britt)United States Bankruptcy Court, S.D. Mississippi · 1992
  3. Corley v. Delaney (In re Delaney)United States Bankruptcy Court, W.D. Louisiana · 1995

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