• Reopening bankruptcy case to add unscheduled creditor; 11 U.S.C. §§ 350(b), 727(b), 523(a)(3).

• Burden of proof in objecting to claim.
• Res judicata effect of confirmation of chapter 13 plan.

• Homestead; abandonment of homestead, exemption of proceeds; 31 O.S. §§1, 2.

• Unpaid income taxes not consumer debt for purpose of determining substantial abuse; 11 U.S.C. §§ 101(8), 707(b).

• Cramdown rate of interest in chapter 13 case (following Tenth Circuit); 11 U.S.C. 1325(a)(5).
• Subsequently in Till, U.S. Supreme Court set cramdown rate as prime rate plus adjustment for risk of non-payment.

• Dischargeability of credit card debt; burden of proof; 11 U.S.C. § 523(a)(2)(A), (B) and (C).

• Determination of validity of lien in contested matter; 11 U.S.C. § 362(d); Bankr. R. 7001.
• Perfection of security interest in vehicle under Oklahoma law; sufficiency of lien entry form; 47 O.S. § 1110; 12A O.S. § 9-402(8).

• Plan confirmation requirements; 11 U.S.C. § 1129.
• Classification of claims; full payment of administrative expenses; 11 U.S.C. §§ 503(b), 507(a), 1126(c), 1129(a)(9).
• Subject matter jurisdiction; 28 U.S.C. § 1334(b).
• Jurisdiction/power to order release of non-debtor third party; 11 U.S.C. § 524(e).

• Avoidance of judicial lien on Oklahoma homestead after amendment of Oklahoma law to allow judicial liens on homestead; 11 U.S.C. § 522(f); 12 O.S. Supp. 1997, § 706.

• Exception to discharge for embezzlement; 11 U.S.C. § 523(a)(4).
• Application of Oklahoma Construction Trust Fund statute; 42 O.S. §§ 152, 153.
• Automatic stay/criminal prosecution of debtor; 11 U.S.C. § 362(b).

Contested matters between CFS and Spangler, Phelps, Bachman.

• Priority of contract termination pay claims of employees terminated post-petition; 11 U.S.C. §§ 503(b)(1)(A), 507(a)(1).

Contested matters initiated by William Kuntz

• Pleadings stricken for lack of standing to appear and be heard in chapter 11 case; U.S. Const. Art. 3, § 1, 11 U.S.C. § 1109(b).

• Report and recommendation to District Court on motion to withdraw reference; 28 U.S.C. 157(d), Bankr. R. 5011, Dist. Ct. Misc. Order 128, Rules B6 and B14.
• Core jurisdiction in action by debtor against employee for claims arising from postpetition conduct; 28 U.S.C. § 157(b)(1), (b)(2), (b)(3).
• Entitlement to jury trial; U.S. Const. Amd. 7, 28 U.S.C. § 157(e).

Contested matter initiated by debtors motion for protective order; objection by Chase

• Rule 2004 discovery.
• Protective Order; Bankr. R. 7026.
• Bankruptcy court jurisdiction over records of debtor; 28 U.S.C. §§ 157(a), 1334(e); 11 U.S.C. § 541(a).
• Third party efforts to obtain debtors records/information other than in bankruptcy proceeding subject to automatic stay; 11 U.S.C. § 362.
• Post-closing jurisdiction of court.
• Attorney-client privilege; work product doctrine; subject matter waiver; opinion v. non-opinion work product doctrine.

• Report and recommendation to District Court on motion to withdraw reference; 28 U.S.C. §157(d); Bankr. R. 5011; Dist. Ct. Misc. Order 128, Rule B6.
• Setoff, recoupment as claims against estate resulting in core jurisdiction, waiver of right to jury trial; 11 U.S.C. § 553; 28 U.S.C. § 157(b)(2)(E).
• Collection of debt owed to estate using trustees turnover power; 11 U.S.C. § 542(b).
• Disallowance of claims; 11 U.S.C. § 502(d).
• Abstention; 28 U.S.C. § 1334(c)(1).

• Report and recommendation to District Court on motion to withdraw reference; 28 U.S.C. § 157(d); Bankr. R. 5011; Dist. Ct. Misc. Order 128, Rule B6.
• Related to jurisdiction; 28 U.S.C. § 1334(b).
• Right to jury trial; U.S. Const. Amd. 7.
• Deferral of withdrawal of reference.
• Collection of debt owed to estate using trustees turnover power; 11 U.S.C. § 542(b).
• Disallowance of claims; 11 U.S.C. § 502(d).
• Abstention; 28 U.S.C. § 1334(c)(1).

Supplement:

• Reconsideration of report and recommendation in light of later occurring events.
• Claims for indemnification and setoff invoked bankruptcy courts core jurisdiction, waived right to jury trial.

• Report and recommendation to District Court on motion to withdraw reference; 28 U.S.C. § 157(d); Bankr. R. 5011; Dist. Ct. Misc. Order 128, Rule B6.
• Time in which to file motion to withdraw reference; Dist. Ct. Misc. Order 128, Rule B6(2).
• Filing adversary proceeding against debtor in bankruptcy court invoked core jurisdiction of bankruptcy court and waived right to jury trial.
• Suits against trustees; 28 U.S.C. § 959(a).
• Claims made under Workers Adjustment and Retraining Notification (WARN) Act are not personal injury claims requiring trial in district court; 28 U.S.C. §§ 157(b)(5), 1411(a).

• Bankr. R. 7001.
• Constructive trust under Oklahoma law.
• Subordination of claims for rescission of securities transactions; 11 U.S.C. § 510(b).
• Particular debt instruments were securities; 11 U.S.C. § 101(49)(A).
• Pleading fraud; Bankr. R. 9, 12; Fed.R.Civ.P. 9(b), 12(b)(6).
• Elements of fraud; Oklahoma common law.
• Fraud in sale of securities, proximate cause; Restatement of Torts § 548A.
• Resulting trust under Oklahoma law.

• Taxes for which a return, if required, was not filed within two years before bankruptcy were not dischargeable; 11 U.S.C. § 523(a)(1)(B).
• Substitute for return filed by IRS under 26 U.S.C. § 6020 was not a return.
• Return filed by debtor subsequent to substitute for return and assessment of tax, but within two years of bankruptcy, served no purpose and thus was not a required return.

• Objection to claims: standing-11 U.S.C. § 502(a); burden of proof - Bankr. R. 3001.
• Contract enforcement under Oklahoma law: consideration; pre-existing duty rule; consideration for modification of a contract; promissory estoppel and unjust enrichment as substitutes for consideration; 15 O.S. § 106, 107, 114, 115.
• Rejection of executory contract: distinction between rejection and termination of contract; approval of contract termination- 11 U.S.C. § 363; measure of rejection damages; mitigation of rejection damages.
• Binding effect of confirmed plan.
• Disallowance of claims for post-petition interest-11 U.S.C. § 502(b); exception for oversecured creditors11 U.S.C. § 506(b) and solvent chapter 7 estates-11 U.S.C. § 726(a)(5).

• Counsels duty to disclose compensation or retainer paid prepetition in contemplation of or in connection with bankruptcy case -11 U.S.C. § 329; Bankr. R. 2016.
• Avoidance of transfers made in violation of order enjoining transfer of assets pending asset hearing.
• Disinterestedness of counsel for trustee/DIP, duty to disclose potential conflicts of interest 11 U.S.C. §§ 101(14), 327; Bankr. R. 2014.
• Effect of failing to obtain order approving retention of counsel for trustee/DIP on payment of compensation by estate -11 U.S.C. §§ 327, 330.
• Requirement for court approval of payment of compensation from estate; disgorgement of unapproved postpetition payments - 11 U.S.C. § 330.
• Disgorgement of excessive prepetition compensation - 11 U.S.C. § 329; Bankr. R. 2017.

• Standard for motion to dismiss - Bankr. R. 7012; Fed.R.Civ.P. 12(b).
• Directors liability for declaring and causing corporation to pay illegal dividend (Delaware law).
• Shareholders liability for receipt of illegal dividend (Delaware law).
• Statute of limitations on claim for recovery of illegal dividend (Delaware law).
• Equitable tolling of statute of limitations for corporations claims of breach of fiduciary duty against officers or directors upon finding of self-dealing and fraudulent concealment (Delaware law).
• Aiding and abetting breach of fiduciary duty (Delaware law).
• Effect of allegations of self-dealing or gross negligence on business judgment rule (Delaware law).
  

• Summary judgment standard and burdens - Bankr. R. 7056; Fed.R.Civ.P. 56.
• Denying or deferring consideration of summary judgment under Fed.R.Civ.P. 56(f) when affidavits are unavailable.
• Avoidance of fraudulent transfers under Oklahoma law - 24 O.S. §§ 116, 117; reasonably equivalent value.
• Fraudulent transfer - insolvency - balance sheet test using going concern value vs. liquidation value. 24 O.S. § 117.
• Fraudulent transfer - unreasonably small assets. 24 O.S. § 116.
• Avoidance of fraudulent transfer to extent recovery would benefit the estate; amount of claim of triggering creditor irrelevant; assessing benefit to estate after confirmation of plan - 11 U.S.C. §§ 544, 550.
• Avoidance of transfer of illegal dividend (Delaware law); statutory safe harbor defense.
• Estoppel defense to fraudulent transfer claim.
  

• Disinterestedness of counsel and conflicts of interest - 11 U.S.C. §§ 101(14), 327.
• Ability of DIP to waive conflict of proposed counsel.

• Distinction between postpetition contracts which require notice and court approval to be enforceable - 11 U.S.C. § 363(b)(1) - and those which are ordinary course - 11 U.S.C. § 363(c); horizontal and vertical tests.
• Postpetition contracts constituting compromise and settlement of claim which require notice and court approval to be enforceable. Bankr. R. 9019.

• Purpose and application of Bankr. R. 9; Fed.R.Civ.P. 9(b) (pleading fraud with particularity).
• Application of Rule 9(b) to fraudulent transfer claims.
• Sufficiency of insolvency allegations.
• Form of fraudulent transfer complaint under Fed.R.Civ.P. 84.
• Sufficiency of allegations made on information and belief.
• Sufficiency of Section 502(d) claim; 11 U.S.C. § 502(d); Bankr. R. 7018; Fed.R.Civ.P. 18(b).

• Elements of mandatory abstention - 11 U.S.C. § 1334(c)(2).
• Core v. related to proceedings - 11 U.S.C. § 157(b)(1)-(3).
• Remand v. dismissal of removed proceeding subject to mandatory abstention.

• Application of FRE 702 and 703 and Daubert and Kumho cases to determine whether proposed expert testimony should be admitted.
• Approaches to evaluating a going concern and placing a value on particular assets and liabilities in determining whether debtor was insolvent at time of alleged fraudulent transfers.
• Amendment to and supplement of expert reports pursuant to Fed. R. Civ. P. 26(e).

• Application of FRE 702 and 703 and Daubert and Kumho cases to determine whether proposed expert is qualified to testify and whether testimony is relevant and reliable.
• Evaluation of methodology of proposed expert in valuing charged off accounts acquired by debtor to assess whether debtor received reasonably equivalent value for price paid by debtor for accounts.
• Approaches to determining reasonably equivalent value as that term is used in 11 U.S.C. § 548.
  

• Application of Oklahoma Construction Trust Fund Statutes - 42 O.S. §§ 152, 153
• Non-dischargeability of debt arising from lienable claims under 11 U.S.C. § 523(a)(4).
• Circumstances under which a creditor may recover attorney fees and costs for prevailing in Section 523(a)(4) litigation.

• Application of 11 U.S.C. § 303(i)(1) (recovery of fees by alleged debtor upon dismissal of involuntary petition)
• Application of 11 U.S.C. § 303(i)(2) (damages for filing involuntary petition in bad faith)
• Various tests for determining whether involuntary petition was filed in bad faith.

• Inherent power and discretion of court to comment on attorney performance in cases before the court
• Application of 15 O.S. § 338 (exoneration of guarantee))
• ORPC 3.1 -Meritorious Claims and Contentions
• ORPC 3.3 - Candor to the Tribunal
• Fed. R. Bank. P. 9011

• Eligibility of petitioning creditors to file involuntary petition under 11 U.S.C. § 303(b); debts not subject to bona fide dispute.
• Recoupment claim or compulsory counterclaim as a basis for bona fide dispute.
• Standard for entering an order for relief under 11 U.S.C. § 303(h); not paying undisputed debts as they become due; totality of the circumstances test.
• Effect of dismissal of previous case without prejudice - Fed. R. Civ. P. 41(b).
• Application of claim preclusion and issue preclusion; finality of order not diminished by unresolved collateral issues.

• Standard for determining whether case is moot.
• Bankruptcy court’s power to review tax claims under 11 U.S.C. § 505.
• Abstention from determining tax claim under 11 U.S.C. § 505.

• Allowance of claims, and burdens of production and proof relevant to objections to claims - 11 U.S.C. § 502(b) and Bankruptcy Rules 3001(c) and (f).
• Establishing claim in absence of prima facie presumption accorded by Bankruptcy Rule 3001(f).
• Establishing ownership of assigned claim.

• Dischargeability of debt to bail bondsman arising from the debtor’s breach of agreement to indemnify bondsman against forfeiture of bail bond - 11 U.S.C. § 523(a)(7).