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District of oklahoma

In re Carter

Jun
09
2006
Ruling
Trustee's objection to debtors'claimed exemption in vehicle and request for turnover were granted since debtor had granted bank lien and trustee had avoided that lien.
Procedural posture

A bankruptcy trustee avoided a bank's lien against bankruptcy debtors'vehicle as a preferential transfer since the bank failed to perfect the lien timely. The trustee objected to the debtors'claimed exemption in the vehicle pursuant to 11 U.S.C. § 522(g)(1), requested turnover of the vehicle.

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opinion summary, case decided on June 09, 2006 , LexisNexis #0706-017
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In re Johns

May
26
2006
Ruling
Case was dismissed since potential zero distribution in hypothetical conversion to chapter 13 case did not rebut presumption of abuse of chapter 7.
Procedural posture

A means test calculation submitted by bankruptcy debtors indicated that the debtors'monthly disposable income exceeded a statutory amount and thus created a presumption of bankruptcy abuse under 11 U.S.C. § 707(b)(2)(A)(i). The trustee moved to dismiss the debtors'petition based on the presumption of abuse.

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opinion summary, case decided on May 26, 2006 , LexisNexis #0606-111
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In re Lawson

Apr
17
2006
Ruling
University's lien impaired debtor's homestead exemption and was thus avoidable.
Procedural posture

A bankruptcy debtor defaulted on an educational loan and the lending university obtained a state-court judgment against the debtor for the loan debt. The university recorded its judgment and the debtor moved to avoid the university's judgment lien pursuant to 11 U.S.C. § 522(f) on the ground that the lien impaired the debtor's homestead exemption.

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opinion summary, case decided on April 17, 2006 , LexisNexis #0606-052
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Anstine v. Centex Home Equity Co. LLC (In re Pepper)

Mar
28
2006
Ruling
Creditor was denied an appeal of a transfer avoidance judgment since the parties may have intended to make a contemporaneous exchange but in fact delayed recording a deed for seven months.
Procedural posture

Defendant creditor appealed a judgment entered by the Bankruptcy Court for the District of Colorado in favor of plaintiff chapter 7 trustee avoiding a transfer made by the debtors to the creditor pursuant to 11 U.S.C. § 547(b). The transfer at issue was the creditor's recording of a deed of trust seven months and 18 days after the loan transaction. The creditor argued that the transaction was exempt under 11 U.S.C. § 547(c).

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on March 28, 2006 , LexisNexis #0406-096
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In re West

Mar
06
2006
Ruling
Counsel was sanctioned for refusing to file pleadings electronically and for making misrepresentations to the court regarding the counsel's ability to file electronically.
Procedural posture

A bankruptcy court issued an order to show cause why counsel for bankruptcy debtors failed to comply with the court's requirement that pleadings be filed electronically rather than on paper. Upon counsel's continued failures to comply with the requirement and counsel's apparently inconsistent statements, the court considered whether to sanction counsel pursuant to Fed. R. Bankr. P. 9011.

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opinion summary, case decided on March 06, 2006 , LexisNexis #0406-035
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Rocin Liquidation Estate v. Pan-American Life Ins. Co. (In re Rocor Intl Inc.)

Feb
17
2006
Ruling
Transfer via check was deemed a contemporaneous exchange for new value not a payment on account of an antecedent debt since the date of delivery of the check was the transfer date.
Procedural posture

Plaintiff, the liquidation estate which was debtor's successor, brought an action against defendant creditor, seeking to avoid a $67,610 payment as a preference under 11 U.S.C. § 547. Before the court were the parties'cross-motions for summary judgment.

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opinion summary, case decided on February 17, 2006 , LexisNexis #0406-059
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In re Phillips

Jan
06
2006
Ruling
Automatic stay was extended for second chapter 13 case because the debtor demonstrated good faith in making second filing despite failing to make payments in the first case, and changed circumstances showed an ability to pay.
Procedural posture

Debtor filed a motion to extend the automatic stay in her chapter 13 bankruptcy case pursuant to 11 U.S.C. § 362(c)(3) under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Neither the Trustee nor any creditors filed an objection to the motion.

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opinion summary, case decided on January 06, 2006 , LexisNexis #0206-089
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In re Rocor Intl Inc.

Sep
30
2005
Ruling
Setoff was inappropriate where IRS applied postpetition tax refunds to prepetition tax liability.
Procedural posture

A bankruptcy debtor was entitled to refunds for overpaid excise taxes on fuel, but the IRS retained the refunds as a setoff against excise taxes due for heavy vehicle highway use. The liquidation estate of the debtor moved for turnover of the refunds, and the IRS moved for summary judgment.

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opinion summary, case decided on September 30, 2005 , LexisNexis #0106-097
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