Nguyen, In re
Dec
31
2024
Ruling
Debtor's disclosure of affair with married individual, while intentional, was not a wrongful act under the law and did not meet the maliciousness requirement for nondischargeability. (Bankr. D. Or.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Baldwin, In re
Aug
29
2024
Ruling
Chapter 13 plan could not be confirmed where debtor proposed to pay monthly payments in an amount insufficient to make all the required payments under the plan. (Bankr. D. Or.)
Issue(s)
Confirmation of Plan.
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Court
:
- 11 U.S.C.
Roe, In re
Jan
18
2024
Ruling
Subchapter V trustee's motion for an order requiring the debtor to post a retainer for thetrustee's fees and expenses was warranted as trustee had legal authority to request funds usedoutside the ordinary course of business. (Bankr. D. Or.)
Issue(s)
Trustee; Duties; Plan Payments.
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Court
:
- 11 U.S.C.
Smith, In re--Smith v. Smith
Apr
24
2023
Ruling
Judgment debt was nondischargeable as the court had to give preclusive effect to the state court's decision that defendant breached his fiduciary duty. (Bankr. D. Or.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.
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Court
:
Frysinger, In re
Feb
24
2023
Ruling
Court could not make a finding that the debtor could meet the condition for Chapter 13 plan confirmation as it did not show he could obtain enough steady work to generate sufficient income to fund living expenses and plan payments. (Bankr. D. Or.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.
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Court
:
Frysinger, In re
Dec
21
2022
Ruling
Court found that the debtor was eligible to be a debtor in the Chapter 13 case as the debtorcommitted to make withdrawals from his IRAs to use as income. (Bankr. D. Or.)
Issue(s)
Who May Be a Debtor; Chapter 13.
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Court
:
- 11 U.S.C.
Bronson, In re
Aug
23
2022
Ruling
State Division of Child Support did not violate the automatic stay when it intercepted thedebtor's CARES Act stimulus payment as the stimulus payment was a refundable tax credit.(Bankr. D. Or.)
Issue(s)
Automatic Stay; Exceptions; Family or Domestic Proceedings, Licenses, Tax
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Court
:
- 11 U.S.C.
Pearlstein, In re
May
11
2022
Ruling
Chapter 7 trustee required to provide all of the information in her records and files of this caseto creditor on an unredacted basis, other than information about trustee's and trustee'scounsel's discussions with law enforcement. (Bankr. D. Or.)
Issue(s)
Duties of Trustee; Included Duties; Furnish Information to Parties in Interest.
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Court
:
- 11 U.S.C.
United States v. Hall (In re Hall)
May
30
2014
Ruling
Debt for Social Security Disability benefits obtained through fraud was nondischargeable.
Issue(s)
Was debt to the Social Security Administration for an overpayment of Social Security Disability Insurance Benefits nondischargeable because of the debtor's failure to notify the SSA that she had returned to work?
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Court
:
- 11 U.S.C.
In re Mountain Country Partners LLC
Jun
25
2012
Ruling
Involuntary petition filed by three holders of valid promissory notes granted.
Procedural posture
Petitioning creditors filed an involuntary petition under the Bankruptcy Code, seeking an order which placed an LLC into bankruptcy because it was not paying its debts. The LLC opposed the petition.
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Court
: