Oklahoma

Swinson v. Fritz (In re Lytle)

Plaintiff trustee sought to set aside a deed conveying the debtors' interest in real estate to defendants as either a preference under 11 U.S.C.S. § 547 or a constructively fraudulent transfer under 11 U.S.C.S. § 548(a)(1)(B).
Ruling: 
Trustee could not set aside transfer of real estate where the transferee held only bare legal title subject to a resulting trust.
ABI Membership is required to access the full summary of Swinson v. Fritz (In re Lytle). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 12,2010, LexisNexis #0111-059

In re Pardee

A bankruptcy debtor received funds derived from her husband's retirement account upon his death, which the debtor placed in her retirement account, and a former spouse of the husband obtained a state-court order enforcing a divorce decree which awarded the spouse half of the husband's retirement benefits. The debtor moved to avoid the spouse's lien on the debtor's account, and the spouse objected to the debtor's exemption of the account.
Ruling: 
Debtor could not claim exemption in retirement funds of which spouse was equitable owner.
ABI Membership is required to access the full summary of In re Pardee. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 02,2010, LexisNexis #0810-085

Miller v. Dow (In re Lexington Oil & Gas Ltd. Co.)

Chapter 7 trustee filed an adversary proceeding against defendant investors, seeking a judgment recharacterizing payments the investors made to a corporation as equity, and a judgment avoiding the repayment of those sums under 11 U.S.C.S. § 554 as a fraudulent transfer under the Oklahoma Uniform Fraudulent Transfer Act, Okla. Stat. Ann. tit. 24, §§ 112-123. The trustee settled his claims against one of three investors he sued.
Ruling: 
Payments by investors to debtor recharacterized as equity and repayments of investments avoided as fraudulent transfers.
ABI Membership is required to access the full summary of Miller v. Dow (In re Lexington Oil & Gas Ltd. Co.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on January 27,2010, LexisNexis #0410-020

Tulsa Spine & Specialty Hosp. LLC v. Schoen (In re Schoen)

Plaintiff hospital filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that a joint and several judgment debt it had acquired against the debtor and his former wife was nondischargeable under 11 U.S.C.S. § 523(a)(4) and (6). The bankruptcy court held a hearing. The parties submitted supplemental briefs at the bankruptcy court's request.
Ruling: 
Debt owed to hospital under security agreement that did not create an express trust was dischargeable.
ABI Membership is required to access the full summary of Tulsa Spine & Specialty Hosp. LLC v. Schoen (In re Schoen). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 02,2009, LexisNexis #0909-085

Carter v. Hall (In re Hall)

Plaintiff creditors filed an adversary proceeding objecting to discharge under 11 U.S.C.S. §§ 523(a)(2), (a)(4), and (a)(6) against defendant chapter 7 debtor. Before the court was an order to show cause why the proceeding should not be dismissed for failure to properly serve the debtor. The creditors sought an extension of time for service under Fed. R. Civ. P. 4(m).
Ruling: 
Court declined to extend time for service of process in dischargeability proceeding.
ABI Membership is required to access the full summary of Carter v. Hall (In re Hall). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 10,2009, LexisNexis #0809-026

In re Kruger Props. LLC

The debtor filed a chapter 11 bankruptcy petition. The only secured creditor filed a motion to dismiss or, in the alternative, motion for relief from stay pursuant to 11 U.S.C.S. § 362(d), for abandonment of property pursuant to 11 U.S.C.S. § 554(b), and a notice of opportunity for hearing. The debtor did not respond to the motion to dismiss and the court entered an order of dismissal. The debtor moved to vacate the order of dismissal.
Ruling: 
Court refused to vacate dismissal where case was filed solely to frustrate or delay sheriff's sale.
ABI Membership is required to access the full summary of In re Kruger Props. LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 27,2009, LexisNexis #0809-020

In re Quarles

A debtor filed for relief under chapter 7. The movants, a physician and a corporation, filed a motion for determination of the applicability of the automatic stay and notice of opportunity for a hearing. A trustee objected to the motion.
Ruling: 
Order for partial judgment obtained by defendants in case brought by debtor violated stay.
ABI Membership is required to access the full summary of In re Quarles. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 13,2009, LexisNexis #0709-027

In re Reed

The debtors sought approval of a reaffirmation agreement under which they wanted to reaffirm both an automobile loan and a real estate loan. The real estate loan had a substantial balloon payment.
Ruling: 
Reaffirmation of real estate loan with substantial balloon payment would impose undue hardship on debtor.
ABI Membership is required to access the full summary of In re Reed. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 01,2009, LexisNexis #0609-057

In re Minardi

The debtor moved for approval of a reaffirmation agreement. Debtor's counsel, however, refused to provide the declaration required by 11 U.S.C.S. § 524(c)(3).
Ruling: 
Reaffirmation agreement could not be approved absent counsel's required declaration regardless of liability concerns.
ABI Membership is required to access the full summary of In re Minardi. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 23,2009, LexisNexis #0409-007

Beaumont v. United States ex. Dept. of Veterans Affairs (In re Beaumont)

In an appeal from an adversary proceeding, appellant debtor sought judicial review of the bankruptcy court's finding that the recoupment and offset of his disability benefits by appellee, the United States of America, ex rel., Department of Veterans Affairs (VA), did not violate the automatic stay provision of 11 U.S.C.S. § 362 nor the discharge order entered in his bankruptcy case under 11 U.S.C.S. § 524.
Ruling: 
Recoupment and offset of disability benefits by Department of Veterans Affairs did not violate stay.
ABI Membership is required to access the full summary of Beaumont v. United States ex. Dept. of Veterans Affairs (In re Beaumont). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 29,2008, LexisNexis #0209-027

Pages

Subscribe to Oklahoma