Clear

268 search results for query *


Summary: 24 B.R. 479 (1982) In re SOONER OIL & GAS CORPORATION, Debtor. On July 7, 1981, Citizens National Bank filed a financing statement with the County Clerk of Oklahoma County, Oklahoma, listing Sooner Oil & Gas Corp. as the debtor and the Gearhart-Owen Perforating truck and equipment as collateral. Larry R. McDaniel, who is the president of LRM Servicing Company and Sooner Oil & Gas Corp., authorized Great Guns, Inc. to take possession of the electronic gear, perforating equipment and truck upon wh......read more.


Summary: 282 B.R. 22 (2002) In re John Joseph HAMILTON, Debtor. Porter Capital Corporation, Plaintiff, v. John Joseph Hamilton, Defendant. See e.g., Longo v. McLaren (In re McLaren), 3 F.3d 958 (6th Cir.1993); N.I.S. Corp. v. Hallahan (In re Hallahan), 936 F.2d 1496 (7th Cir.1991); Cowen v. Kennedy (In re Kennedy), 108 F.3d 1015 (9th Cir.1997); Valencia v. Lucero (In re Valencia), 213 B.R. 594 (D.Colo.1997); Hixson v. Hixson (In re Hixson), 252 B.R. 195 (Bankr.E.D.Okla.2000). Compare In re Hixson, 252 B.......read more.


Summary: 192 B.R. 563 (1996) In re Sharon Ann SMITH, Debtor. [2] In instances where the value of the collateral is less than the allowed amount of the creditor's claim, debtor must provide § 1325(a)(5)(B)(ii) protection to the creditor only to the extent of the allowed amount of the creditor's secured claim, the balance of the claim being allowed, but only as an unsecured claim.Conversely, utilizing the same rebuttable presumption approach, if a debtor proposes a plan with a rate less than the contract r......read more.


Summary: 50 B.R. 309 (1985) In re Kathryn Ann CHESNUT, Debtor. of Okla., Inc. v. Porter (In re Porter), 11 B.R. 578, 581 (Bankr.W.D.Okla.1981), where this Court held that the debtor's lien avoidance powers pursuant to 11 U.S.C. § 522(f) "are permissive in nature and require that the debtor commence an action, prior to the discharge hearing, in order to exercise them." Noble v. Yingling, 37 B.R. 647 (D.Del.1984); Blake v. Ledan (In re Blake), 38 B.R. 604 (Bankr.E.D.N.Y.1984); Johnson v. First Merchants Na......read more.


Summary: 166 B.R. 735 (1994) In re Jerry Glenn PEEL, d/b/a Peel Manure Spreading, Debtor. Terry Glenn HILLIARD, Plaintiff, v. Jerry Glenn PEEL, Defendant. *737 The uncontested facts are that defendant was engaged in the business of gathering manure from cattle yards in the Oklahoma panhandle and spreading it on farms in the neighboring area. There it analyzes the requirements for finding malice in a § 523(a)(6) proceeding saying "the focus of the `malicious' inquiry is on the debtor's actual knowledge or......read more.


Summary: 74 B.R. 378 (1987) In re AMAREX, INC., Debtor. 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. They are Robison v. First Financial Capital Management Corp. (In re Sweetwater), 55 B.R. 724 (D. Utah 1985); Tennessee Wheel & Rubber Co. v. Captron Corporate ......read more.


Summary: 14 B.R. 128 (1981) In re CHURCH BUILDINGS AND INTERIORS, INC., aka CBI, Debtor. Thad H. SEELEY, Plaintiff, v. CHURCH BUILDINGS AND INTERIORS, INC., aka CBI, Defendant, Republic Bank, Defendant. 11 U.S.C. § 547(b) provides: "(b) Except as provided in subsection (c) of this section, the trustee may avoid any transfer of property of the debtor — (1) to or for the benefit of a creditor; (2) for or on account of an antecedent debt owed by the debtor before such transfer was made; (3) made while the d......read more.


Summary: 134 B.R. 34 (1991) In re William & Rosemary DAVIS, Debtors. THE ISSUE AND THE PLEADINGS In January 1991, debtors executed a promissory note in the amount of $4,443.56 with American General Finance, Inc. ("AGF"). [3] On August 1, 1991, debtors filed a motion to avoid AGF's lien on the above described property pursuant to § 522(f).In their motion, debtors simply assert that AGF's security interest is nonpurchase money and nonpossessory, and that it impairs debtors' exemption of debtors' "household......read more.


Summary: 64 B.R. 269 (1986) In re MAGIC CIRCLE ENERGY CORPORATION, Debtor. 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"). The claim arose as a result, commencing prior to the spring of 1983, of Hughes providing certain services to Magic Circle in connection with Magic Circle's oil and gas operations. As part of its workout with Hughes, th......read more.


Summary: 96 B.R. 336 (1989) In re Patricia G. CAREY, Debtor. MARINE MIDLAND BUSINESS LOANS, INC., Plaintiff, v. Patricia G. CAREY, Defendant. Subsequently, on July 18, 1988, Marine Midland filed its Complaint Objecting to Debtor's Discharge seeking to deny Debtor's discharge under 11 U.S.C.A. § 727(a)(2)(A) (West 1979 & . Background Debtor's husband is William V. Carey, Jr., who was the sole shareholder and president of the now bankrupt Carey Lumber Company (hereinafter referred to as the "Company"). Thi......read more.


Summary: 48 B.R. 693 (1985) In re AIR CENTER, INC., Debtor. 1983) quotes from the legislative history as follows: Anytime the trustee or debtor in possession expends money to provide for the reasonable and necessary costs and expenses of preserving or disposing of a secured creditor's collateral, the trustee or debtor in possession is entitled to recover such expenses from the secured party or from the property securing an allowed secured claim held by such party.


Summary: 36 B.R. 59 (1984) In re AMAREX, INC., Enrex, Inc., Amarex Funds of Delaware, Inc., Amarex Energy Development, Inc., and Amarex Gas Transportation Co., Inc., Debtors. See e.g., In re Evergreen Valley Resort, Inc., 27 B.R. 75 (Bkrtcy.D.Maine 1983); In re Gander Mountain, Inc., 29 B.R. 260 (Bkrtcy.E.D.Wis. 1983); In re Abingdon Realty Co., 21 B.R. 290 (Bkrtcy.E.D.Va.1982); Matter of Allbrand Appliance & Television Co., Inc., 24 B.R. 125 (Bkrtcy.S.D.N.Y.1982); In re Wesco Products Co., 22 B.R. 107 (......read more.


Summary: 352 B.R. 319 (2006) In re ROCOR INTERNATIONAL, INC., Debtor. Rocin Liquidation Estate, successor in interest to Rocor International, Inc., debtor and debtor-in-possession, Plaintiff, v. Alta AH & L, Defendant. The transfers in question were payments made by the debtor Rocor International, Inc. ("Rocor" or "debtor") to the defendant, Alta AH & L ("Alta") for the purpose of providing health benefits for independent contractors engaged by the debtor to haul freight. Within ninety (90) days prior to......read more.


Summary: 38 B.R. 822 (1984) In re GEORGE RODMAN, INC., Debtor. Conoco, Inc., Plaintiff, v. GEORGE RODMAN, INC., and Grenard Service Company, et al., Defendants. Thomas J. Kenan, trustee and Gary L. Morrissey, attorney, Oklahoma City, Okl., for George Rodman, Inc. Grenard Service Company entered *823 into an oral contract[1] with the debtor to provide fluid hauling and related services to various oil and gas properties operated by the debtor. This theory assumes the contract goes to all the debtor's lease......read more.


Summary: 174 B.R. 615 (1994) In re HOLLYTEX CARPET MILLS, INC., Debtor. HOLLYTEX CARPET MILLS, INC., Plaintiff, v. OKLAHOMA EMPLOYMENT SECURITY COMMISSION, Defendant. [1] STATEMENT OF THE FACTS Hollytex, a manufacturer of fibers and carpet materials, filed its chapter 11 petition in 1991. One of the reasons for the increase in Hollytex's contribution rate is the fact that contributions owed by Hollytex for periods prior to the commencement of the case were not paid when due, causing the benefit wage rati......read more.


Summary: 32 B.R. 842 (1983) In re Robert Maxwell HOOVER, Jr., Debtor. David Bryant and Stephen W. Elliott of Kline & Kline, Oklahoma City, Okl., for Robert Maxwell Hoover, Jr. On April 22, 1983, Continental Illinois National Bank and Trust Company of Chicago and Barclays Bank International Ltd. (collectively, "petitioning creditors") filed an involuntary petition against Robert M. Hoover, Jr. ("Hoover") pursuant to 11 U.S.C. § 303(b). The pertinent part of § 547 provides as follows: (b) Except as provide......read more.


Summary: 64 B.R. 492 (1986) In re Charles Howard PELTER and Jeannie Lee Pelter, Debtors. *493 Kay M. DeGroat and W. Rogers Abbott, II, Oklahoma City, Okl., for debtors. Debtors, Charles Howard Pelter and Jeannie Lee Pelter, have moved to avoid a non-purchase money, non-possessory security interest lien in certain agricultural equipment pursuant to 11 U.S.C. § 522(f)(2)(B) (1979) and also challenge the constitutionality of an Oklahoma Statute affecting a limit on the value of the claimed exemption. A revi......read more.




Summary: 41 B.R. 384 (1984) In re Emmanuel Stanley SCISM, Debtor. (Pete Gelvin, Oklahoma City, Okl., with him on brief), for Emmanuel Stanley Scism. The sole question present before the Court is whether the debtor, Emmanuel Stanley Scism (hereinafter "Scism"), should be allowed to reopen his bankruptcy estate for the purpose of listing an additional creditor, Commercial Credit Equipment Corp. (hereinafter "CCEC"), pursuant to 11 U.S.C. § 350(b) and Rule 5010 Fed.R. See In re Ratliff, 27 B.R. 465 (Bankr.E......read more.


Summary: 15 B.R. 174 (1981) In re Christopher Dwayne VEGA and Charlotte Marie Vega, Debtors. By agreement of the parties, said Journal Entry of Judgment of Deaconess Hospital v. Chris D. Vega and Charlotte M. Vega, CSC-78-3667 in the District Court of Oklahoma County, dated July 6, 1978, was submitted to this court.