Oregon

Szanto, In re

Ruling: 
Chapter 7 trustee's application for interim compensation was approved as presumptivelyreasonable as it was within the maximum amount permitted and no extraordinarycircumstances existed to make an interim award unreasonable. (Bankr. D. Or.)
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Consumer case opionion summary, case decided on May 07,2021, LexisNexis #0621-078

North Pac. Canners & Packers Inc, In re

Ruling: 
Claim for electricity provided by creditor to the debtor's business during the 20-day periodpreceding the petition date was not a priority administrative expense claim. (Bankr. D. Or.)
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Commercial case opionion summary, case decided on May 11,2021, LexisNexis #0621-083

Wright, In re

Ruling: 
Decision by debtors' counsel not to sign the certifications required by § 524(c)(3) rendered thereaffirmation agreements unenforceable. (Bankr. D. Or.)
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Consumer case opionion summary, case decided on September 29,2020, LexisNexis #1120-039

Ameriflex Eng'g LLC, In re

Ruling: 
LLC member's claim was disallowed as the debtor provided substantial evidence todemonstrate that the loan agreement was not unenforceable. (Bankr. D. Or.)
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Commercial case opionion summary, case decided on September 21,2020, LexisNexis #1120-003

Freeland, In re

Ruling: 
Debtors awarded damages where creditor violated the stay by repeatedly calling the debtorsand sending bill for immediate payment. (Bankr. D. Or.)[1]-Creditor violated 11 U.S.C. § 362(a)(6) by repeatedly calling the debtors after they filed theirbankruptcy petition and by sending a bill asking for immediate payment; [2]-Because debtors wereentitled to the protection afforded by the automatic stay without harassment from the creditor, anddebtors provided evidence of emotional distress, an emotional distress damages award was warranted;[3]-Creditor's actions were willful because it appeared that the creditor, a large company, had receivedcorrect and robust notice of the debtors' bankruptcy and the motion and therefore could not blame itsfailure to timely stop collection efforts or to appear and address the motion on defective notice or service.Freeland, In re, 2020 Bankr. LEXIS 2174 (Bankr. D. Or. August 12, 2020) (Mckittrick, B.J.).
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Consumer case opionion summary, case decided on August 12,2020, LexisNexis #0920-080

Paulson, In re

Ruling: 
Debtor could not attack creditor LLC’s standing to seek relief from stay where the issue hadbeen addressed previously by other courts. (Bankr. D. Or.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-078

Amborn v. Dowell

Ruling: 
Unscheduled foreclosure claims were not abandoned upon closure of debtors’ cases andremained property of the estates. (Bankr. D. Or.)
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Consumer case opionion summary, case decided on March 20,2020, LexisNexis #0520-039

Szanto, In re--Szanto v. Szanto

Ruling: 
Creditors' request for injunctive relief in bankruptcy courts nationwide was granted as theysuffered emotional damage as a result of debtor's incessant filing of lawsuits. (Bankr. D. Or.)
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Consumer case opionion summary, case decided on November 25,2019, LexisNexis #0120-026

Smith, In re--Smith v. Dep't of Educ.

Ruling: 
Debtor was entitled to a bankruptcy discharge of his student loan as excepting his debt fromdischarge would impose an undue hardship on debtor and his dependents. (Bankr. D. Or.)
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Consumer case opionion summary, case decided on September 17,2019, LexisNexis #1119-066

Nitcher, In re

Ruling: 
Debtor's student loan debt discharged in part where payment of the entire debt would imposean undue hardship on debtor. (Bankr. D. Or.)
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Consumer case opionion summary, case decided on August 23,2019, LexisNexis #1019-063

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