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Oklahoma

In re Lane

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and the court issued an order which required the debtor to show cause why her case should not be dismissed because she had not obtained the credit counseling required by 11 U.S.C.S. § 109(h) within 180 days of the date she filed her case.
Ruling: 
Credit counseling received one hour after filing petition did not satisfy requirement.
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Consumer case opionion summary, case decided on May 22,2012, LexisNexis #0612-036

In re Santana

This matter came before the court pursuant to debtor's pro se motion for declaratory Order and brief in support. The motion asserted that the Superior Court of Orange County, California had violated orders of the court as well as the automatic stay, as defined in 11 U.S.C.S. § 362(a). On its face, the motion was unopposed, as the Superior Court had yet to appear in this bankruptcy case.
Ruling: 
State court criminal proceeding was not subject to stay.
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Consumer case opionion summary, case decided on March 09,2012, LexisNexis #0412-039

In re Hammer

A bankruptcy debtor initially reported income and expenses without including information concerning her non-debtor spouse and, after the U.S. Trustee noted deficiencies in the debtor's filings, the debtor's counsel submitted additional documentation and several inconsistent amendments to the debtor's schedules. The Trustee moved to dismiss the debtor's case and to require counsel to disgorge fees paid by the debtor.
Ruling: 
Case dismissed due to presumption of abuse and debtor's attorneys ordered to disgorge fees as services were of no value.
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Consumer case opionion summary, case decided on January 19,2012, LexisNexis #0312-022

Rennaker v. Pigg (In re Pigg)

Plaintiff, a Chapter 7 debtor's ex-wife, filed an adversary proceeding against defendant debtor, her ex-husband, seeking an order holding the debtor in contempt for violating an order entered by a state court and the bankruptcy court, and asked the court to revoke the debtor's discharge pursuant to 11 U.S.C.S. § 727(d)(1) and (2). The debtor filed a motion to dismiss his ex-wife's complaint.
Ruling: 
Debtor's former spouse's motion for revocation of discharge denied as time-barred.
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Consumer case opionion summary, case decided on August 29,2011, LexisNexis #1011-035

In re Sivec Srl

The representative of a debtor in foreign insolvency proceedings petitioned for recognition of the foreign proceeding, and a creditor objected to recognition and moved for relief from the automatic bankruptcy stay to allow the creditor's breach of contract action against the debtor to proceed in federal district court.
Ruling: 
Foreign main proceeding recognized but relief from stay granted to creditor due to improper notice.
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Commercial case opionion summary, case decided on August 18,2011, LexisNexis #0911-134

In re Ulrich

A creditor of a chapter 7 debtor who had received a discharge moved for relief from stay per 11 U.S.C.S. § 362. Debtor opposed relief from stay and instead object to the court's exercise of jurisdiction on claims that jurisdiction was lacking. Issues included whether the court had jurisdiction and whether it had power, under 11 U.S.C.S. § 524 or otherwise, to grant relief from the discharge injunction.
Ruling: 
Postdischarge motion for relief from stay denied as moot.
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Consumer case opionion summary, case decided on August 12,2011, LexisNexis #0911-073

Vega v. Bell (In re Bell)

Creditor brought an adversary proceeding against defendant bankruptcy debtors seeking a determination that debts to the creditor were nondischargeable under 11 U.S.C.S. § 523(a) based on the debtors' misrepresentations concerning the creditors' health insurance coverage as an employee of the debtors' company.
Ruling: 
Deduction of "premiums" from employee's paycheck on false representation that creditor employee had health insurance coverage resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on August 02,2011, LexisNexis #0911-011

Malloy v. Bump (In re Arrow Trucking Co.)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant director of a bankruptcy debtor alleging that the director received fraudulent transfers from the debtor and breached fiduciary duties to the debtor. The director moved to withdraw the bankruptcy reference, and the bankruptcy court considered its jurisdiction over the trustee's claims.
Ruling: 
Fraudulent transfer and breach of fiduciary duty claims against director of debtor were within bankruptcy court jurisdiction.
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Commercial case opionion summary, case decided on May 27,2011, LexisNexis #0711-063

In re Morrison

A chapter 13 trustee filed a motion to convert the debtors' case to chapter 7 based upon their failure to stay current on post-petition tax liabilities, which constituted a material default under their plan and cause for conversion under 11 U.S.C.S. § 1307(c)(6). The debtors filed an objection.
Ruling: 
Conversion to chapter 7 denied, despite lapse in agreed upon payments, in the best interests of chapter 13 debtors' creditors.
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Consumer case opionion summary, case decided on May 26,2011, LexisNexis #0611-100

Wieland v. Miller (In re Miller)

Plaintiff U.S. Trustee requested that the court deny a discharge to defendant Chapter 7 debtors, a husband and wife, under 11 U.S.C.S. § 727(a)(2), (3), (4), (5), and (7).
Ruling: 
Discharge denied due to omissions made with fraudulent intent.
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Consumer case opionion summary, case decided on April 29,2011, LexisNexis #0511-127

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