IN RE MOESEL

Bankruptcy No. 85-4969-A, Adv. No. 87-307.

89 B.R. 895 (1988)

In re Bruce MOESEL, Debtor. Bruce MOESEL, Plaintiff, v. Tully McCOY, District Attorney for Cleveland County, Oklahoma and James and Glenda Payne, Defendants.

United States Bankruptcy Court, W.D. Oklahoma.

As Corrected August 30, 1988.


Attorney(s) appearing for the Case

Fred Morgan of Reynolds, Ridings & Hargis, Oklahoma City, Okl., for Bruce Moesel.

Irby R. Taylor, and Reginald D. Gaston, Asst. Dist. Attys., Norman, Okl. for Tully McCoy.

James K. Larimore of Durbin, Larimore & Bialick, P.C., Oklahoma City, Okl., for James and Glenda Payne.


MEMORANDUM OF DECISION

RICHARD L. BOHANON, Chief Judge.

This is an action to enjoin prosecution of criminal proceedings pending in state court brought pursuant to § 105 of the Bankruptcy Code.

The debtor, Bruce Moesel, was the president and sole stockholder of Glasshouses by Moesel, Inc., which entered into a contract with defendants Payne to build a glasshouse extension on their home. The Paynes gave the corporation $11,192.61 for the materials...

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