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IN RE UNIVERSAL FACTORING CO., INC.

No. 98-03383-M, No. 98-03807-M.

329 B.R. 62 (2005)

In re UNIVERSAL FACTORING COMPANY, INC.; James Ray Eckhart; The James Dawson Eckhart and Sydne Marie Eckhart Irrevocable Trust Dated May 1, 1996, Debtors.

United States Bankruptcy Court, N.D. Oklahoma.

August 22, 2005.

Attorney(s) appearing for the Case

Sam G. Bratton II, Doerner, Saunders, Daniel & Anderson, LLP, Tulsa, OK, for the Debtor, Universal Factoring Co., Inc.

Sam G. Bratton II, Doerner, Saunders, Daniel & Anderson, LLP, Tulsa, OK, for the Applicant.

Patrick J. Malloy III, Malloy Law Firm, P.C., Tulsa, OK, Chapter 7 Trustee.

Paul R. Thomas, Tulsa, OK, for United States Trustee.

MEMORANDUM OPINION

TERRENCE L. MICHAEL, Chief Judge.

Over seventy years ago, the United States Supreme Court coined the maxim that bankruptcy exists for the benefit of "the honest but unfortunate debtor."1 What, then, are bankruptcy courts to do when the debtor is neither honest nor unfortunate? Should they stand as his sanctuary? Should the charlatan be given the same breathing spell and opportunity to reorganize as a debtor...

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