Bankruptcy Court for the Western District of Oklahoma Court Cases

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  1. In Re EWC, Inc. (1992)

    Of all the issues which this court reviews, those involving attorney misconduct are the most difficult, troubling, and frustrating. Unfortunately, disregard of fee and conflict disclosure requirements related to attorney employment applications and subsequent fee requests appears to be an ever present and growing problem in the bankruptcy system.


    Court: Bankruptcy Court for the Western District of Oklahoma Docket: Bankruptcy No. 91-5033-BH
  2. In Re Magic Circle Energy Corp. (1986)

    This matter comes on for consideration of an objection by the debtor, Magic Circle Energy Corporation ("Magic Circle") to a proof of claim filed by B.J. Hughes Services, a division of Hughes Tool Company ("Hughes"). After a hearing on the matter, the court requested that the parties file a stipulation of facts and any further legal memoranda in support of their respective positions. Pursuant to Fed.R.Bankr.P. 7052 the court now enters the following findings of fact and conclusions of law.


    Court: Bankruptcy Court for the Western District of Oklahoma Docket: Bankruptcy Nos. BK-85-01336-B, BK-84-02884-B and BK-84-02883-B
  3. In Re Templeton (2007)

    The United States Trustee (UST) moves to dismiss the Debtors' Chapter 7 petition on grounds that they have failed to rebut the presumption of abuse by demonstrating "special circumstances." For the reasons set forth below, the Court hereby denies the UST's motion.


    Court: Bankruptcy Court for the Western District of Oklahoma Docket: 06-11567 BH
  4. In Re Skaggs (1996)

    This proceeding is before the court on a complaint to determine dischargeability of a student loan debt of roughly $47,000. There are two distinct issues. The first is a question of law and concerns the extent of the authority of a bankruptcy court to discharge student loans pursuant to 11 U.S.C. 523(a)(8)(B)? Is the authority sufficiently broad and discretionary, as urged by the defendant, to include the power to discharge only part of a loan or to modify its terms? Or, is the court's [...]

    Court: Bankruptcy Court for the Western District of Oklahoma Docket: Bankruptcy No. BK-95-15404-BH. Adv. No. 96-1053-BH
  5. In Re Amarex, Inc. (1987)

    In 1985 the Amarex plan of reorganization was confirmed. Pursuant to it Amarex was merged into Temex Energy, Inc. a wholly owned subsidiary of Templeton Energy, Inc. Under the plan Temex acquired all assets of Amarex and a subsequent order in aid of consummation provides "Temex is vested with the properties and rights of Amarex and survives as a wholly owned subsidiary of Templeton. . . ." That order merely restates the corporate law effect of the merger.


    Court: Bankruptcy Court for the Western District of Oklahoma Docket: Bankruptcy No. BK-82-2335-A, Adv. Nos. 84-564, 84-718
  6. In Re Scott (1981)

    This adversary proceeding was commenced by Plaintiff's Complaint alleging a security interest in the defendant-debtor's homestead and requesting an order from this Court lifting the automatic stay regarding Plaintiff's pending foreclosure action thereon in state court. In response to Plaintiff's Complaint Defendant filed a Cross-Complaint seeking to avoid Plaintiff's lien under the provisions of 11 U.S.C. § 522(f).


    Court: Bankruptcy Court for the Western District of Oklahoma Docket: Bankruptcy No. BK-81-00653, Adv. No. 81-087
  7. In Re Stephenson (2001)

    This matter comes before the Court on the Debtor's motion to dismiss the petition. The Trustee objected,[1] and the Court heard arguments from both sides and took the matter under consideration. For reasons outlined below, the Court denies the Debtor's motion.


    Court: Bankruptcy Court for the Western District of Oklahoma Docket: 01-10203-BH
  8. In Re Horwitz (1994)

    Douglas N. Gould of Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Oklahoma City, OK, and Paula W. Hinton of Akin, Gump, Strauss, Hauer & Feld, L.L.P., Houston, TX, for Kettle Restaurants, Inc.


    Court: Bankruptcy Court for the Western District of Oklahoma Docket: Bankruptcy Nos. 94-10540-BH, 94-10982-BH
  9. In Re Webster (2003)

    The players in this residential refinancing loan case are the borrower, the lender, a mortgage broker, and the loan closer. Interwoven among them are allegations of Truth in Lending Act violations.


    Court: Bankruptcy Court for the Western District of Oklahoma Docket: Bankruptcy No. 01-18067-TS, Adversary No. 01-1288-TS
  10. In Re Galyon (2007)

    Before the court is Motion of the United States Trustee to Dismiss Case Pursuant to 11 U.S.C. § 707(b)(1) Based on the Presumption of Abuse Arising under 11 U.S.C. § 707(b)(2) ("motion"), in response to which was filed Debtor's Objection to the United States Trustee's Motion to Dismiss Pursuant to 11 § 707(b) and Brief in Support Thereof, ("objection"). The motion raises the issue of whether, for purposes of the means test calculation under § 707(b)(2)[1], the debtor may deduct payments to [...]

    Court: Bankruptcy Court for the Western District of Oklahoma Docket: 06-11985 WV
  11. In Re Lemons (2002)

    The issue presented can be succinctly stated: what sanctions, if any, should be levied against an attorney who misrepresented settled law in a Chapter 13 plan? Further, a more expansive query: what should be done to discourage future attempts of such "gamesmanship?"


    Court: Bankruptcy Court for the Western District of Oklahoma Docket: 02-16712-NLJ
  12. In Re Smith (1988)

    Prudential's motion to dismiss the petition is premised upon the proposition that a person may not simultaneously be a debtor in two cases. Debtors contend that since the discharge has been granted in the prior case there is no prohibition preventing them from commencing the second case. The cases upon which they rely do not support their proposition.


    Court: Bankruptcy Court for the Western District of Oklahoma Docket: Bankruptcy No. BK-88-2640-BH
  13. In Re Lee (1993)

    On July 7, 1993, debtors filed their joint voluntary petition herein under Chapter 13 of the Bankruptcy Code.[1] In their Chapter 13 plan, as amended on October 28, 1993, debtors propose to treat the claim of Associates Financial Services Co., ("Associates"), the holder of a first mortgage on debtors' principal residence, as fully secured, and to continue regular monthly mortgage payments while curing pre-petition arrearages, in accordance with § 1322(b)(5).[2] Debtors propose to treat the [...]

    Court: Bankruptcy Court for the Western District of Oklahoma Docket: Bankruptcy No. BK-93-13922-LN
  14. In Re Hamilton (2002)

    This matter is before the Court on the Plaintiff's motion to amend the judgment entered on its complaint[1], or in the alternative, to modify the automatic stay. The Defendant objects, arguing that the evidence at trial was insufficient to establish the amount of the debt.


    Court: Bankruptcy Court for the Western District of Oklahoma Docket: Bankruptcy No. 00-17945-BH. Adversary No. 01-1015-BH
  15. In Re Sorge (1993)

    On August 19, 1992, debtor filed her petition herein under Chapter 13 of the Bankruptcy Code.[1] Thereafter, Internal Revenue Service ("IRS") timely filed its proof of claim dated September 15, 1992, in the total amount of $69,575.90.[2]


    Court: Bankruptcy Court for the Western District of Oklahoma Docket: Bankruptcy No. BK-92-15506-LN
  16. In Re Rambo (1996)

    Debtors commenced this case by filing, on February 8, 1996, their voluntary petition under Chapter 13 of the Bankruptcy Code.[1] On May 28, 1996, this court entered in this case its "Order on Confirmation of Chapter 13 Plan, on Objections Thereto, and on Creditor's Motions." In re Rambo, 196 B.R. 181 (Bankr.W.D.Okla.1996). In that order, this court addressed, and rejected, the contention of creditor Jim Walter Homes, Inc. ("JWH") that, under principles of res judicata, or of collateral [...]

    Court: Bankruptcy Court for the Western District of Oklahoma Docket: Bankruptcy No. BK-96-10840-LN
  17. In Re Bunker Exploration Co. (1984)

    Stephen R. Kirklin, D. Brent Wells, Betty T. Tauber of Kirklin, Boudreaux & Joseph, Houston, Tex., James R. Waldo of Mock, Schwabe, Waldo, Elder, Reeves & Bryant, Kenneth N. McKinney of McKinney, Stringer & Webster, Oklahoma City, Okl., for defendants.


    Court: Bankruptcy Court for the Western District of Oklahoma Docket: BK-83-01403-B, Adv. No. 84-0099
  18. In Re Faulk (2002)

    The Chapter 7 Trustee brought this adversary proceeding to recover the interest in a certain trust which had passed to the debtor's minor child as the result of a prepetition disclaimer executed and filed by the debtor, a beneficiary of the trust. Defendants include the debtor and trustees of the subject trust. The trustee contends that the disclaimer constituted a fraudulent transfer under Section 548(a) of the Bankruptcy Code,[1] and that the disclaimed interest is recoverable under Section [...]

    Court: Bankruptcy Court for the Western District of Oklahoma Docket: Bankruptcy No. 00-17327-WV. Adversary No. 01-1375-WV
  19. In Re Hensley (2000)

    This matter comes before the Court on motions to dismiss filed by various student loan creditors in the captioned proceedings. The Court conducted a hearing on the motions to dismiss on May 2, 2000 and took the matters under advisement at that time. Having considered the parties' pleadings, the arguments of counsel and the law applicable thereto, the Court rules as follows.


    Court: Bankruptcy Court for the Western District of Oklahoma Docket: Bankruptcy No. 99-19145-TS, Bankruptcy No. 99-19317-TS, Bankruptcy No. 99-20036-TS, Bankruptcy No. 99-20185-TS, Bankruptcy No. 00-10927-TS
  20. In Re Younger (1998)

    Debtor commenced this case on September 8, 1997, by filing a voluntary petition under Chapter 13 of the Bankruptcy Code.[1] In the petition, debtor listed ownership of a 1995 Chevrolet Lumina Minivan, in which creditor AMN Receivables Financial Corp. ("AMN") holds a security interest. Debtor scheduled the vehicle as having a value of $11,988 at the date of filing, and proposed in a Chapter 13 plan to retain the vehicle and to pay that amount to AMN, with interest at 12% per annum. On November [...]

    Court: Bankruptcy Court for the Western District of Oklahoma Docket: Bankruptcy No. BK-97-18955-LN

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