Oklahoma

Miller v. Martin (In re Gross)

In an earlier proceeding the court entered judgment in favor of plaintiff trustee against defendant transferee, in the amount of $13,806, plus interest, and avoiding a mortgage to the transferee on the grounds that the transactions were preferential, pursuant to 11 U.S.C. § 547. The trustee filed a motion for interest, and to amend the judgment to include costs and prejudgment interest from the date of demand of disgorgement.
Ruling: 
Trustee awarded costs on avoidance of portion of prepetition transfer declared preferential.
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Consumer case opionion summary, case decided on January 02,2008, LexisNexis #0208-105

In re Kendall

The debtors filed for relief under chapter 13. The debtors filed an objection to a proof of claim filed for $13,193, pursuant to 11 U.S.C. § 502. After a hearing, the court issued findings of fact and conclusions of law.
Ruling: 
Claim disallowed due to lack of documentary support.
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Consumer case opionion summary, case decided on December 27,2007, LexisNexis #0208-004

In re Makres

The debtors filed for relief under chapter 7. The United States Trustee filed a motion to dismiss pursuant to 11 U.S.C. § 707(b)(2). The court issued findings of fact and conclusions of law.
Ruling: 
Presumption of abuse did not arise where debtor properly completed Form B22A means test.
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Consumer case opionion summary, case decided on December 07,2007, LexisNexis #0108-051

In re McCurtain Mun. Auth.

Debtor, a public trust created under Oklahoma law, filed a petition for relief under chapter 9. A creditor filed a motion to dismiss the debtor's petition, claiming that the debtor was not entitled to relief because it failed to comply with 11 U.S.C. §§ 109(c) and 921(c).
Ruling: 
Public trust that was insolvent and failed in good faith attempt to settle disputes was eligible for relief under chapter 9.
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Commercial case opionion summary, case decided on December 04,2007, LexisNexis #0108-036

Wieland v. Harvey (In re Harvey)

Plaintiff United States Trustee ("UST") objected to the discharge of defendants, a debtor and his co-debtor, pursuant to 11 U.S.C. § 727(a)(4)(A).
Ruling: 
Debtor's failure to disclose assets and material omissions justified denial of discharge but co- debtor spouse was granted a discharge.
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Consumer case opionion summary, case decided on October 16,2007, LexisNexis #1207-034

In re Callahan

Plaintiff trustee sought summary judgment that defendant vendor's repossession of inventory in the possession of debtors was an avoidable preference under 11 U.S.C. § 547(b). Defendant cross-moved for summary judgment on a claim that the inventory, which debtors bought from defendant in connection with their lease of his convenience store, was not debtors'"property" under section 547 and that its value was less than the minimum required therein.
Ruling: 
Store inventory purchased from lessor was property of the estate.
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Commercial case opionion summary, case decided on October 11,2007, LexisNexis #1107-078

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

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