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BANK OF OKLAHOMA v. ASHLEY

No. 105,270. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 4.

212 P.3d 507 (2009)

2009 OK CIV APP 50

BANK OF OKLAHOMA, Plaintiff/Appellee, v. Regina ASHLEY, n/k/a/ Williams, Defendant/Appellant.

Court of Civil Appeals of Oklahoma, Division No. 4.

April 16, 2009.

Attorney(s) appearing for the Case

John W. Mee, III, Joshua C. Greenhaw, Mee, Mee, Hoge & Epperson, PLLP, Oklahoma City, OK, for Plaintiff/Appellee.

Jerry D. Brown, Jerry D. Brown, Oklahoma City, OK, and Vicky J. Allen, Vicky J. Allen, PLLC, Guthrie, OK, for Defendant/Appellant.

DOUG GABBARD II, Presiding Judge.

¶ 1 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 O.S.2001 § 706(E)(2)? We find that it does and affirm.

FACTS

¶ 2 The essential facts...

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