Oklahoma

In re Povey

A chapter 13 trustee filed objections, pursuant to 11 U.S.C.S. § 502(b)(1), to a creditor's proofs of claim.
Ruling: 
Trustee's objections to proofs of claim sustained due to failure to attach writings or complete assignment documentation.
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Consumer case opionion summary, case decided on April 09,2008, LexisNexis #0508-043

Garland v. United States (In re Garland)

Plaintiff, the United States Trustee, sought a denial of a chapter 7 debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(2), § 727(a)(4)(A), and § 727(a)(5). The debtor filed a complaint against the Internal Revenue Service (IRS) asking that a judgment be entered under 11 U.S.C.S. § 523(a)(1) and seeking a determination that certain federal income tax liabilities be discharged in his chapter 7 bankruptcy.
Ruling: 
Attorney debtor's ongoing concealment of property resulted in denial of discharge.
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Consumer case opionion summary, case decided on March 31,2008, LexisNexis #0408-135

Jim Wynn Inc. v. Ratliff (In re Ratliff)

Plaintiff, defendant debtor's former employer, filed an adversary proceeding against the debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4) for alleged embezzlement of corporate funds.
Ruling: 
Debtor office manager's embezzlement from employer resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on March 07,2008, LexisNexis #0408-112

In re Chalakee

Creditors filed proofs of claim asserting that bankruptcy debtors owed credit card debt to the creditors, and the debtors objected to the creditors' claims on the ground that the amounts claimed to be owed were disputed.
Ruling: 
Debtors' objections to creditors' proofs of claim for credit card debt overruled.
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Consumer case opionion summary, case decided on February 27,2008, LexisNexis #0408-008

In re Engles

When a reaffirmation agreement for a vehicle loan was not executed or filed by a creditor, that debt was discharged. The debtors filed a motion for relief from the discharge order under Fed. R. Civ. P. 60(b)(1) or (6) and Fed. R. Bankr. P. 9024 and a request for approval of the reaffirmation agreement.
Ruling: 
Debtors could not obtain revocation of own discharge.
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Consumer case opionion summary, case decided on February 27,2008, LexisNexis #0408-017

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

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