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Summary: CONCLUSIONS OF LAW Section 362(c)(3) provides in part: (c) Except as provided in subsections (d), (e), (f), and (h) of this section— (3) if a single or joint case is filed by or against debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding 1-year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b)— (A) the stay under subsection (a) wit......read more.


Summary: 101 B.R. 691 (1989) In re Jerry P. CLUCK, SSN XXX-XX-XXXX, Carol A. Cluck, SSN XXX-XX-XXXX, Debtors. Also coming on for consideration were the following: (a) Motion to Dismiss by Pollard with Response by the Debtors; (b) Motion to Dismiss by Sequoyah with Response by the Debtors; (c) Motion to Dismiss by Memphis with Objection by the Debtors; (d) Motion to Modify Stay or in the Alternative for Adequate Protection by Pollard with Response by the Debtors. Debtor, Jerry Cluck, testified that proble......read more.


Summary: 102 B.R. 814 (1988) In re MAKO, INC., EIN XX-XXXXXXX, Debtor. On July 14, 1988, this Court conducted a hearing in the above matter regarding the Debtor-in-Possession's (DIP) Motion for Approval of Assumption of Unexpired Leases with accompanying Objections by Lessor, United Commercial Properties (United). On January 6, 1988, United sent the DIP a Notice of Default by Certified Mail which stated that in accordance with the Lease Agreements, "Should this default continue for 30 days, I may exercis......read more.


Summary: 230 B.R. 619 (1999) In re Haskell Doak WILLIS, SSN# XXX-XX-XXXX, Debtor. Haskell Doak Willis, Plaintiff, v. Headrick v. State of Georgia (In re Headrick), 200 B.R. 963 (Bankr.S.D.Ga.1996) on rehearing, 203 B.R. 805 (Bankr.S.D.Ga.1996). (In re Morrell), 218 B.R. 87 (Bankr.C.D.Cal.1997); Mueller v. State of Idaho (In re Mueller), 211 B.R. 737 (Bankr.D.Mont.1997); Neary v. Commonwealth of Pennsylvania Dep't. of Revenue (In re Neary), 220 B.R. 864 (Bankr. Comm'n (In re Southern Star Foods, Inc.), 19......read more.




Summary: 103 B.R. 264 (1989) In re PEOPLES SAVINGS & INVESTMENT, INC., EID XX-XXXXXXX, Debtor. On February 9, 1989, a Second Motion for Interim Allowance of Compensation and Reimbursement of Expenses filed on May 30, 1988 (Docket Entry No. 1473) and a Final Motion for Allowance of Compensation and Reimbursement of Expenses filed on February 9, 1989 (Docket Entry No. 1661) by the attorneys for the Former and Successor Trustees came before this Court for hearing. Appearances were entered at the hearing by ......read more.


Summary: 209 B.R. 251 (1997) In re Joey D. MACKEY and Susan J. Mackey, Debtors. The Debtor, Joey D. Mackey, is a truck driver. In re Smith, 68 B.R. 581 (Bankr.D.Minn.1986); In re Weinstein, 44 B.R. 987 (Bankr.E.D.Pa.1984); Dempsey v. Household Finance Corp. (In re Dempsey), 39 B.R. 561 (Bank.E.D.Pa.1984); Schneider v. Fidelity Nat'l Bank (In re Schneider), 37 B.R. 747 (Bankr.N.D.Ga.


Summary: 116 B.R. 280 (1990) In re MAKO, INC., Debtor. On this 1st day of June, 1990, a Motion to Transfer filed by Defendant Northwest National Bank ("Northwest") (Docket Entry No. 7) with Brief in Support (Docket Entry No. 8), together with an Objection to Motion to Transfer filed by the Plaintiff (Docket Entry No. 13) and Response to the Objection to the Motion filed by Defendant Northwest (Docket Entry No. 17) with Brief in Support (Docket Entry No. 18) came before this Court for consideration. When ......read more.


Summary: 346 B.R. 844 (2006) In re Paul N. TUCKER and Sondra Tucker, Debtors. Tulsa Spine Hospital, LLC, Plaintiff, v. Paul N. Tucker and Sondra Tucker, Defendants. Defendant Paul Tucker ("Mr. Tucker") is employed as a heavy equipment operator by the Army Ammunition Depot in McAlester, Oklahoma. Defendant Sondra Tucker ("Mrs. Tucker") is disabled and receives social security payments. During the conference, Mrs. Tucker was advised that her insurance company, BCBS, considered the Plaintiff to be an out of......read more.


Summary: 181 B.R. 552 (1995) In re C.A. JACKSON RANCH COMPANY, EID XX-XXXXXX, Debtor. On this 17th day of April, 1995, the Motion for Order Directing Payment of Trustee's Fees from Escrow Account filed by the Trustee, Robert D. Hemphill, and the Response to Motion for Payment of Trustee's Fees filed by the creditor, Idabel National Bank ("the Bank"), came before this Court for consideration. On November 29, 1994, the Debtor filed its objection to the Amended Motion to Dismiss stating that the Debtor had ......read more.


Summary: 208 B.R. 503 (1997) In re CITY ROOFING CO. OF MUSKOGEE, INC., a/k/a City Roofing, EID XX-XXXXXXX 640 N. "C" Street Muskogee, OK 74403, Debtor. On the 11th day of February, 1997, the Final Report filed by the Debtor; Objection by Oklahoma Employers Safety Group ("OESG"); Response by Debtor; Objection by the Debtor to OESG's Proof of Claim; and Response by OESG came before the Court for hearing. , 798 F.2d 1285 (9th Cir.1986); Sambo's Restaurants, Inc. v. Wheeler (In re Sambo's Restaurants, Inc.),......read more.


Summary: 189 B.R. 13 (1995) In re Kendall Lee JONES, SSN XXX-XX-XXXX, Debtor. On the 5th day of October, 1995, the Chapter 13 Plan; Objection to Chapter 13 Plan by Mary Jo Allen Butler; Motion for Relief from Automatic Stay or Alternatively, Seeking Adequate Protection, and Motion for Order Abandoning Burdensome Property and Brief in Support by Mary Jo Allen Butler; Objection to Motion to Lift Stay by Debtor; and Response by Mary Jo Allen Butler came on for hearing. The Debtor filed his Chapter 13 Plan o......read more.


Summary: 353 B.R. 304 (2006) In re Robert Lewis HARRIS and Joanna Ray Harris, Debtors. The UST contends that Debtors cannot include monthly payments for secured debt in their means test calculation when the Debtors' intent is to surrender the corresponding, collateral. This Court must therefore determine whether the Debtors can deduct secured debt payments when they intend to surrender the collateral, and whether the Debtors can deduct the ownership expense for vehicles on which they do not make periodic......read more.


Summary: 190 B.R. 419 (1995) In re SOUTHERN STAR FOODS, INC., Debtor. Kenneth G.M. MATHER, Trustee for the Estate of Southern Star Foods, Inc., Plaintiff, v. OKLAHOMA EMPLOYMENT SECURITY COMMISSION, Defendant. On December 3, 1994, a petition for involuntary relief under 11 U.S.C. Chapter 7 was filed in this Court against Southern Star Foods, Inc. ("debtor"). On December 19, 1994, the Oklahoma Employment Security Commission ("OESC") filed its State of Oklahoma Unemployment Tax Warrant ("the tax warrant") ......read more.




Summary: 207 B.R. 233 (1997) In re Joseph E. SPENCER, Debtor. The court further finds that custody of the minor child Renda Lee Spencer should be awarded to the Defendant [Sherron Byrom] subject to the Plaintiff's [Joseph E. Spencer] rights of visitation as more particularly set forth below and the Plaintiff should be ordered and directed to pay to the Defendant child support as more particularly set forth below. . . . . .


Summary: 48 B.R. 683 (1985) In re RODGERS & SONS, INC., Debtor. Richard LERBLANCE, Trustee, Plaintiff, v. Melvin A. RODGERS, Barbara A. Rodgers and First State Bank of Tishomingo, Defendants. Julian K. Fite, Robinson, Locke, Gage, Fite & Williams, Muskogee, Okl., for defendants, Melvin A. Rodgers and Barbara A. Rodgers. This matter comes on for consideration on the motion of Richard Lerblance, Trustee of the Estate of Rodgers & Sons, Inc., to strike the demand for jury trial filed by defendants, Melvin A......read more.


Summary: 101 B.R. 681 (1988) In re Larry Lyle LAIRMORE, SSN XXX-XX-XXXX, Judith Ann Lairmore, SSN XXX-XX-XXXX, Debtors. On June 22, 1988, this Court conducted a hearing on confirmation of Debtors' Chapter 12 Plan. Further, this Court's Minute Order of June 22, 1988, regarding the Debtors filing of an Amended Plan within ten (10) days of this decision is herein stricken, with time for filing a new Plan by Debtors to be determined upon the conclusion of the hearing of Debtors' Motion to Determine Secured S......read more.


Summary: 246 B.R. 671 (2000) In re HONEY CREEK ENTERTAINMENT, INC. d/b/a Arbuckle Wilderness, Debtor. The Debtor will be referred to as "Honey Creek;" Lena Clancy will be referred to as "Lena;" J. Michael Clancy will be referred to as "Mike;" and the various Defendants that are business entities will be referred to collectively as the "Clancy Defendants" or by specific names. The Court has been advised that Defendants, Gerald D. Hagee, Bobby G. Smith and Polly M. Hagee, not insiders of Honey Creek, have ......read more.


Summary: 102 B.R. 822 (1989) In re Lawrence B. BURRIS, d/b/a # 96 Cattle Company, Burris-Dolan, Burris Farms and Burris-Goldsborough, SSN XXX-XX-XXXX, Debtor. (a) Whether FCB possesses a lien on the proceeds derived from oil and gas production from beneath the surface of the mortgaged property under the terms of the Note and Mortgage between the parties; and (b) If so, whether FCB must be paid one hundred percent of said oil and gas income derived from the mortgaged premises under the Debtor's Plan in or......read more.