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Oklahoma

In re Fink

The matter was before the court in connection with the chapter 7 trustee's objection to a proof of claim filed by a claimant, debtor's ex-wife.
Ruling: 
Adversary proceeding and motion for relief from stay did not constitute informal proof of claim.
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In re Templeton

The U.S. Trustee ("UST") moved to dismiss debtors'chapter 7 petition on grounds that they failed to rebut the presumption of abuse arising under 11 U.S.C. § 707(b)(2) by demonstrating "special circumstances."
Ruling: 
Amount of debtors'nondischargeable student loan debt established "special circumstances" rebutting presumption of abuse.
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In re Quick

Two chapter 13 cases came before the court on a creditor's objection to confirmation of debtors'chapter 13 plans.
Ruling: 
Surrender of vehicles to secured creditor resulted in full satisfaction of debt pursuant to "hanging paragraph"precluding claim for deficiency.
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In re Quarles

On motion of appellee trustee, a debtor was allowed to reopen her bankruptcy case to amend her schedules to include an omitted medical malpractice action against appellants, underlying defendants. Appellants were not notified of the motion and moved to vacate the order allowing the case to be reopened. The motion was denied. Appellants challenged the bankruptcy court's denial. A magistrate recommended denying their appeal. Appellants objected.
Ruling: 
Defendants in debtor's medical malpractice action lacked standing to appeal reopening of case to amend schedules and include claim.
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In re Cloud

The court noted that 11 U.S.C. § 521(i)(1) provided for the automatic dismissal of voluntary individual cases effective on the 46th day after the date of the filing of the petition if the documents described in 11 U.S.C. § 521(a)(1) were not filed within 45 days after the petition date. The court noted that it had no discretion to enlarge the time limitations of 11 U.S.C. § 521(i)(1) after the expiration of those time limitations. The husband debtor failed to timely file copies of all his payment advices as required by 11 U.S.C. § 521(a)(1)(B)(iv). As a result, the bankruptcy case as to the husband debtor was automatically dismissed by operation of statute. The wife debtor declared, under penalty of perjury, that she did not receive any payment advices or other evidence of payment from any employer at any point during the 60 days before the petition date. Accordingly, the chapter 13 case as to the wife debtor was not dismissed.
Ruling: 
Case dismissed due to debtors' failure to timely file required copies of payment advices.
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In re Brown

The court conducted a hearing on the role of an attorney who allegedly counseled and provided "ghostwritten" legal pleadings to the debtor, despite his simultaneous role as a secured creditor of the debtor.
Ruling: 
Attorney admonished for assisting debtor with pleadings despite status as secured creditor.
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Smith v. Bridgman

Creditor filed an adversary proceeding against chapter 7 debtor, seeking a determination that debt owed to her was nondischargeable under 11 U.S.C. § 523(a)(5), (6) and (15).
Ruling: 
Attorneys' fees awarded in action finding no common-law marriage existed between debtor and creditor was dischargeable.
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In re Eddins

Debtors filed a voluntary chapter 13 petition that listed in their schedules two motor vehicles, a Durango and a Sebring, both of which were subject to liens of a creditor. Debtors submitted a plan and moved the court to determine values of the motor vehicles. The creditor filed an objection to confirmation of debtor's plan and their motion, challenging the proposed treatment of its secured claims.
Ruling: 
NADA retail value was appropriate "replacement value" for motor vehicles post-BAPCPA.
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Rocin Liquidation Estate v. Alta AH&L (In re Rocin Intl Inc.)

Plaintiff, the liquidation estate of the debtor, brought an adversary complaint against defendant creditor, the provider of health benefits for independent contractors engaged by the debtor. The complaint sought avoidance of certain alleged preferential transfers and recovery of their monetary value pursuant to 11 U.S.C. § 547.
Ruling: 
Transfers to provider of health care benefits to debtor's independent contractors within 90 days prior to petition date were avoidable.
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Citibank v. Chamberlain (In re Chamberlain)

Plaintiff bank filed an adversary proceeding against defendant debtor, claiming that a credit card debt owed to the bank was nondischargeable under 11 U.S.C. § 523(a)(2)(A). The bank moved for summary judgment. The debtor did not respond to the motion.
Ruling: 
Credit card debt excepted from discharge where debtor admitted lack of intent to pay charges when incurred.
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