Case law

In Re Barrett Refining Corp.

221 B.R. 795 · United States Bankruptcy Court, W.D. Oklahoma · Jun 5, 1998

To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the Unites States.” … Supreme Court that the previous statute had not sufficiently and clearly stated Congress' intent to abrogate state sovereign immunity. See United States v.

Jarboe v. United States Small Business Administration (In Re Hancock)

137 B.R. 835 · United States Bankruptcy Court, N.D. Oklahoma · Mar 9, 1992

A decision balancing the equities must await the exposure of a concrete situation with all its qualifying incidents ... … Here, the parties do not clearly stipulate to the manner in which the transaction at issue was accomplished.

In Re Goldberg

59 B.R. 201 · United States Bankruptcy Court, N.D. Oklahoma · Mar 31, 1986

The Partnership additionally established a Keogh Plan with Sooner Federal Savings & Loan Association (Sooner Plan) in 1979. … To the contrary, pension benefits are specifically treated under the Code’s exemption provision, clearly indicating that they were intended and assumed to be part of the estate ...

Powers v. Alaska Commission on Post-Secondary Education (In Re Powers)

301 B.R. 90 · United States Bankruptcy Court, W.D. Oklahoma · Sep 30, 2003

Section 106(a) clearly meets the “unequivocal intent to abrogate” test. Straight v. Wyoming Dep’t. of Transp. (In re Straight), 248 B.R. 403 (10th Cir. BAP 2000). … This Clause, located in Article I, grants Congress the power to “establish ... uniform Laws on the subject of Bankruptcies throughout the United States.” U.S. Const. art. I, § 8, cl. 4.

In Re Curtis

38 B.R. 364 · United States Bankruptcy Court, N.D. Oklahoma · Oct 28, 1983

To qualify to request relief under this subsection, would-be petitioners must be holders of claims. … This court need not decide exactly what showing will suffice to establish the existence of a claim and qualify a would-be petitioner as “holder of a claim” under § 303(b)(1).

In Re Cella

128 B.R. 574 · United States Bankruptcy Court, W.D. Oklahoma · Jul 2, 1991

It is apparent to the Court that § 1(A)(20) is intended to apply only to retirement funds, and that the reference therein to “annuities” refers to annuities established as a part of a retirement program. … The Compensation Award clearly does not constitute an “annuity” of any type.

Hatfield v. Thompson (In re Thompson)

585 B.R. 890 · United States Bankruptcy Court, W.D. Oklahoma · Dec 21, 2017

Thompson believed Swisher was more qualified and experienced to run a nursing home than he was. Thompson testimony. 25. … Neither we nor the Ohio courts hold that such immunity exists. Carter-Jones Lumber Co. , 237 F.3d at 749 . Similarly, Lowen v.

In Re Longhorn 1979-Ii Drilling Program

32 B.R. 923 · United States Bankruptcy Court, W.D. Oklahoma · Sep 13, 1983

It is sufficient to establish, as [petitioner] did here, that there are good grounds for the claim and that no defenses have been asserted in substantiable form. … Lawton is, therefore, clearly distinguishable. As noted earlier there is nothing mysterious about an unadjudicated claim which rests in tort.

In Re Commercial Financial Services, Inc.

247 B.R. 828 · United States Bankruptcy Court, N.D. Oklahoma · Feb 18, 2000

CFS is constrained to distribute the estate according to the priorities established by the Bankruptcy Code. … The bankruptcy court described the debtor's application as “seeking immunity under the guise of a protective order.” Id. at 544 .

Garrett v. Vaughan (In Re Vaughan)

261 B.R. 700 · United States Bankruptcy Court, W.D. Oklahoma · Feb 16, 2001

Again, Vaughan’s beneficial interest in the Trust is clearly covered by the statute. … It is clear from a plain reading of these statutory provisions that the undisputed facts in this case establish that the Disclaimer does not qualify as a statutory disclaimer under Oklahoma law.

Sheffield Steel Corp. v. HMK Enterprises, Inc. (In Re Sheffield Steel Corp.)

320 B.R. 423 · United States Bankruptcy Court, N.D. Oklahoma · Nov 8, 2004

The report is clearly an out of court statement that is not an admission by Sheffield. … The record does not establish that the Noteholders are the only qualified creditors from whom Sheffield derives its rights under Section 544(b), however. 2.

Ray v. University of Tulsa (In Re Ray)

262 B.R. 544 · United States Bankruptcy Court, N.D. Oklahoma · May 3, 2001

The court adopted the Grand Union definition of “loan” and held that the credit extensions qualified as educational loans for the purposes of § 523(a)(8). … Ray sup *551 posedly agreed to pay were clearly unliqui-dated when she signed the Enrollment Cards.

Waldrop v. Discover Bank (In re Waldrop)

560 B.R. 806 · United States Bankruptcy Court, W.D. Oklahoma · Nov 10, 2016

It is well settled that when a party withholds documents or any information based on the assertion of a privilege or work product immunity, “a party shall make the claim expressly and shall describe the nature of the documents … Such materials are clearly discoverable, and any argument to the contrary is simply beyond the pale.

In Re Richardson

224 B.R. 804 · United States Bankruptcy Court, N.D. Oklahoma · Sep 1, 1998

Another possible effect of the amendment is that a judgment lien creditor may now establish priority over later consensual creditors. … Section 5 Liens clearly impair the exemption-they can be foreclosed and the debtor can be dispossessed of his or her homestead.

In Re MacKey

209 B.R. 251 · United States Bankruptcy Court, E.D. Oklahoma · Jun 4, 1997

The Court stated that it found no authority for the proposition that the property may not qualify for more than one statutory exemption. Id. … Truck driving is clearly a trade or profession. The 1987 Peterbilt Truck is reasonably necessary, convenient or suitable for his trade or profession.

AU Pharmaceuticals, Inc. v. Whitner (In Re Whitner)

179 B.R. 699 · United States Bankruptcy Court, E.D. Oklahoma · Mar 27, 1995

Further, the Grogan court pronounced that the creditor need only prove by a preponderance of the evidence that the debt qualifies for the exception to discharge. … In doing so, the bankruptcy court found that the state court findings established a “willful and malicious” injury. Id.

In Re Vance

120 B.R. 181 · United States Bankruptcy Court, N.D. Oklahoma · Oct 4, 1990

The “first” meeting originally provided an occasion for creditors to meet together, establish their claims, and elect a Trustee to administer a debtor’s estate in bankruptcy, 3 Collier on Bankruptcy (14th ed. 1977) ¶ 55.01 … This too should turn on Congressional intent; but such intent may be less clearly evident than is required under § 701(a) and more difficult for courts to determine and apply.

In Re First SEC. Mortg. Co., Inc.

117 B.R. 1001 · United States Bankruptcy Court, N.D. Oklahoma · Aug 21, 1990

Nor does it clearly appear whether the $7,128 fee is so excessive in amount or disproportionate to Dunhill’s actual efforts and First Security’s actual benefits as to qualify as “improvident.” … Under these circumstances, the conditions which permit modification of the fee are not established; and so the fee stands unmodified.

In Re Hentges

351 B.R. 758 · United States Bankruptcy Court, N.D. Oklahoma · Apr 18, 2006

Thus, the Court concluded that the Bank did not qualify as a petitioning creditor, and in the absence of three qualified petitioning creditors, the involuntary petition was dismissed. Id. at 7 . … Most of the allegations made to establish bad faith were not supported with admissible evidence.

Sharp Ex Rel. Commercial Financial Services, Inc. v. Chase Manhattan Bank USA, N.A. (In Re Commercial Financial Services, Inc.)

350 B.R. 559 · United States Bankruptcy Court, N.D. Oklahoma · Oct 31, 2005

However, an expert’s conclusions are not immune from scrutiny: “A court may conclude that there is simply too great an analytical gap between the data and the opinion proffered.” General Elec. Co. v. … In its memorandum opinion, the court stated: “While perhaps qualified to opine on *572 the generalities of the bad debt industry, she is not sufficiently qualified under F.R.E. 702 to read credit reports to determine when