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Oklahoma

Davis v. Hoserman (In re Hosterman)

Plaintiff creditor, the former wife of defendant debtor, brought an adversary proceeding to determine whether a hold harmless provision in the parties'decree of divorce, whereby the debtor agreed to hold the former wife harmless as to various credit card debts, constituted a nondischargable obligation of the debtor within the meaning of 11 U.S.C. § 523(a)(15).
Ruling: 
Hold harmless obligation contained in divorce decree was nondischargeable due to BAPCA elimination of "balancing test."
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Consumer case opionion summary, case decided on October 09,2007, LexisNexis #1107-077

Goss v. Martin (In re Goss)

Plaintiff chapter 7 trustee filed a complaint against defendant creditor, seeking to avoid a payment of 13,806.25 to the creditor and a $30,000 mortgage given in favor of the creditor as preferential transfers under 11 U.S.C. §§ 547(b) and 548.
Ruling: 
Payment and mortgage granted to creditor within 90 days of filing from trust controlled by debtor was preferential.
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Consumer case opionion summary, case decided on September 25,2007, LexisNexis #1107-066

In re Hansen

A debtor filed for relief under chapter 7. A United States Trustee filed a motion to dismiss the petition alleging that the debtor's petition constituted abuse under the standards set forth in 11 U.S.C. § 707(b)(2).
Ruling: 
Debtor could dedcut monthly payments on secured debts regardless of intent to surrender.
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Consumer case opionion summary, case decided on September 20,2007, LexisNexis #1207-082

In re Wake

The United States Trustee ("UST") moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b) on the grounds that the filing constituted an abuse of the provisions of chapter 7.
Ruling: 
Case ordered converted or dismissed where debtors could fund chapter 13 plan if second car payment was eliminated.
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Consumer case opionion summary, case decided on September 07,2007, LexisNexis #1007-084

Custom Heating & Air Inc. v. Andress (In re Andress)

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C. § 523. The district court remanded the matter and instructed the bankruptcy court to reassess the damages attributable to loss of goodwill by the creditor as a result of the debtor's willful and malicious conduct.
Ruling: 
Contractual penalty for debtor's violation of non-compete covenant was nondischargeable.
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In re Brown

Before the court was the issue of whether fees paid to the attorney for chapter 12 debtors should be approved postpayment.
Ruling: 
Attorney for debtors in dismissed chapter 12 cases ordered to disgorge fees due to failure to filed application or disclose agreement.
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In re Reynolds

A chapter 13 trustee requested dismissal of the bankruptcy case due to the debtor's failure to timely file his pay stubs, pursuant to 11 U.S.C. § 521(a)(1)(B)(iv).
Ruling: 
Dismissal for failure to file payment advices not required given other evidence of payment received.
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Rocor Intl Inc. v. Pam American Life Ins. (In re Rocor Intl Inc.)

Plaintiff bankruptcy estate filed an action under 11 U.S.C. § 547(b), seeking avoidance of a payment a debtor in bankruptcy made to defendant insurer. The bankruptcy court granted the insurer's motion for summary judgment, and the estate appealed.
Ruling: 
Payment to insurer within preference period was avoidable as provision of policy was not new value.
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In re Forest Hill Funeral Home & Mem. Park - East LLC

A bankruptcy debtor owned and operated cemeteries, funeral homes, and mausoleums, and filed its chapter 11 bankruptcy petition after becoming unable to honor prepaid contracts for funeral arrangements. A state agency which regulated the funeral home, cemetery, and mausoleum business moved to dismiss the debtor's case or for abstention in favor of pending state proceedings for appointment of a receiver for the debtor.
Ruling: 
Case dismissed for bad faith where funeral home debtor made improper investments, failed to keep adequate records and intended to thwart state enforcement proceedings.
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In re Gaylon

The United States Trustee ("UST") filed a motion, pursuant to 11 U.S.C. § 707(b)(1), (2), to dismiss a debtor's chapter 7 bankruptcy case based on the presumption of abuse.
Ruling: 
Deduction for payments due on home mortgage allowed regardless of intent to surrender residence.
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