Bankruptcy

Diviney v. NationsBank of Texas

October 16, 1998

United States Bankruptcy Appellate Panel of the Tenth Circuit. In re Clifford Dale DIVINEY and Apryl Alyse Diviney, Debtors. Clifford Dale DIVINEY and Apryl Alyse Diviney, Plaintiffs–Appellees, v. NATIONSBANK OF TEXAS, N.A., Defendant–Appellant. BAP No. NO–97–070. Bankruptcy No. 96–04770. Adversary No. 97–0040. Oct. 16, 1998. After bank’s claim was fully paid under terms of confirmed [...]

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Rich v. Internal Revenue Service

July 11, 1996

78 A.F.T.R.2d 96-5892, 96-2 USTC P 50,465, Bankr. L. Rep. P 77,019, Pens. Plan Guide P 23924Y Bankruptcy No. 93-02514-C. Adv. No. 95-0219-C.< United States Bankruptcy Court, N.D. Oklahoma. July 11, 1996. Chapter 7 debtor sought determination that his interest in pension plan was not subject to Internal Revenue Service’s (IRS’) unfiled tax lien. The [...]

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In re Griffith, Mather v. Borden, Inc.

March 27, 1996

29 UCC Rep.Serv.2d 1003 Bankruptcy No. 94-71139. Adv. No. 95-7031. United States Bankruptcy Court, E.D. Oklahoma. March 27, 1996. Trustee initiated proceeding to recover alleged preferential transfer of proceeds of covenant not to compete entered into by Chapter 7 debtor. The Bankruptcy Court, Tom R. Cornish, J., held that: (1) creditor had perfected security interest [...]

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In re Osborn

December 30, 1994

26 Bankr.Ct.Dec. 606 Bankruptcy No. 87-71480. United States Bankruptcy Court, E.D. Oklahoma. Dec. 30, 1994. Chapter 7 trustee moved for order directing turnover of property of estate, consisting of debtors’ legal malpractice claims against attorney who had represented them in Chapter 11 proceeding prior to conversion of case. The Bankruptcy Court, Tom R. Cornish, J., [...]

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In re Osborn, Osborn v. Durant Bank & Trust Company

May 13, 1994

31 Collier Bankr.Cas.2d 92, Bankr. L. Rep. P 75,924 No. 91-7008. United States Court of Appeals, Tenth Circuit. May 13, 1994. Order Denying Rehearing June 24, 1994. Bank objected to Chapter 7 debtors’ motion to amend schedule to claim Texas property as exempt homestead instead of Oklahoma property. The Bankruptcy Court denied amendment, and debtors [...]

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In re Sevitski, Jr. d/b/a Sevitski & Associates, Inc.

December 9, 1993

Bankruptcy No. 92-00594-W. United States Bankruptcy Court, N.D. Oklahoma. Dec. 9, 1993. Chapter 7 debtor’s prepetition state court receiver filed application for allowance of fees and expenses as priority administrative expense. The Bankruptcy Court, Mickey Dan Wilson, Chief Judge, held that: (1) prior state court judgment awarding fees and expenses was not res judicata on [...]

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In re Reeds, Marx v. Reeds

October 9, 1992

Bankruptcy No. 91-02828-C Adv. No. 91-0302-C. United States Bankruptcy Court, N.D. Oklahoma. Oct. 9, 1992. Creditors objected to discharge of their debt against Chapter 7 debtors on ground of false statement of financial condition. The Bankruptcy Court, Stephen J. Covey, Chief Judge, held that: (1) statement was materially false; (2) magnitude of falsity evidenced debtor’s [...]

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In re Butler

March 20, 1992

Bankr. L. Rep. P 74,664 Bankruptcy No. 91-71592. United States Bankruptcy Court, E.D. Oklahoma. March 20, 1992. On motion to determine secured status in Chapter 13 case, the Bankruptcy Court, James E. Ryan, J., held that Chapter 13 debtors were not precluded from valuing secured claim of Internal Revenue Service (IRS) and avoiding tax lien [...]

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In re Manley, Bryan v. Manley

January 3, 1992

26 Collier Bankr.Cas.2d 497 Bankruptcy No. 90-00984-W Adv. No. 90-0197-W United States Bankruptcy Court, N.D. Oklahoma. Jan. 3, 1992. Judgment creditors claimed that debt was excepted from discharge. On Chapter 7 debtor’s motion for summary judgment, the Bankruptcy Court, Mickey Dan Wilson, J., held that: (1) debtor contractor’s misapplication of home remodeling payments could constitute [...]

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In re Riley, Morrel, West & Saffa, Inc., et al v. Riley

July 9, 1991

Bankruptcy No. 90-03109-C. Adv. No. 91-0058-C. United States Bankruptcy Court, N.D. Oklahoma. July 9, 1991. Creditors sought denial of discharge to Chapter 7 debtor for having made false oaths. The Bankruptcy Court, Stephen J. Covey, J., held that debtor would be denied discharge based on omissions to disclose interests in two tracts of real estate, [...]

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