sec 34.1 Bankruptcies Prior to October 1, 1979

With respect to bankruptcy proceedings commenced prior to October 1, 1979, where title to real property is held by a bankrupt (sometimes referred to as "debtor") at the time of the commencement of bankruptcy proceedings, the title examiner should be furnished with and review copies or abstracts of the following instruments:

(A) Where the property is claimed as exempt:

(1) Order Approving Bond of Trustee;

(2) Trustee's Report (or inventory) of exempt property setting forth the legal description of the property; and

(3) Order Approving Trustee's Report of Exempt Property, or a certification by either the clerk of the bankruptcy court or an abstractor that no objection to the Trustee's Report has been filed within 15 days of the filing of such report, or within such additional time as allowed by the bankruptcy court within such 15 day period.

Authority: Bankruptcy Rule 403(b), (c) & (e); 31 O.S. §§ 2-3.

(B) Where the property, not claimed as exempt, is abandoned or disclaimed by the Trustee:

(1) Order Approving Bond of Trustee;

(2) any of the following:

(a) Application by the Trustee to disclaim the property as burdensome, and the Order granting the Application; or

(b) Application by any other interested party for an order directing such disclaimer by the Trustee, and the Order granting the Application; or

(c) an Order, entered upon the bankruptcy court's own initiative, directing the abandonment of such property by the Trustee;

and

(3) Disclaimer by the Trustee setting forth the legal description of the property.

Authority: Bankruptcy Rule 608; 11 U.S.C. § 44(g); Bowman v. Towery, 248 P.2d 1030 (Okla. 1952).

(C) Where the property is not claimed as exempt and is sold by the Trustee:

Order Approving Bond of Trustee, which should be recorded with the County Clerk where the property is located; and

(2) all of the following instruments:

(a) Petition to sell real property;

(b) Notice to creditors of such sale; such notice must be given at least ten (10) days prior to the sale, unless a shorter period is evidenced by an order of the bankruptcy court. Such notice (or the waiver thereof) must be shown by:

(i) any of the following:

(a) if notice was given by mailing, an affidavit or certificate by the bankruptcy court clerk of the mailing of notice to creditors, or

(b) if notice was given by publication, an affidavit or certificate of such publication notice, or

(c) if notice was given by both mailing and publication, an affidavit or certificate by the bankruptcy court clerk of such mailing, and an affidavit or certificate of such publication notice;

(ii) or an order by the bankruptcy court for immediate sale without notice;

(c) an affidavit or certificate of notice to the public of the date, time, place and subject of the sale, in accordance with local bankruptcy court rules; (such notice is not required for private sales; however, if a private sale is shown, the examiner must be furnished with the order by the bankruptcy court authorizing that such sale be private.);

(d) Order of sale by the bankruptcy court;

(e) Report or return of sale, showing that such sale was conducted in accordance with the order of sale; and

(f) Order confirming sale.

(3) Trustee's deed, or deed by debtor in possession, which must be filed for record in the office of the county clerk of the county in which the property is located.

Authority: Bankruptcy Rules 203 & 606; 11 U.S.C. § 44(g).