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District of oregon

Van's Aircraft, Inc., In re--Ivanov v. Van's Aircraft, Inc.

Ruling
Court denied motion to dismiss nondischargeability proceeding as the court disagreed withcontention that § 523 was not applicable to a nonindividual subchapter V debtor. (Bankr. D.Or.)
Issue(s)
Discharge.

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Commercial opinion summary, case decided on June 11, 2024 , LexisNexis #0824-044

Cloud, In re

Ruling
Dismissal of debtor's Chapter 7 petition was warranted as the statutory elements, includingthat she was convicted of a crime of violence, were met and the fact that debtor appealed herconviction did not change that result. (Bankr. D. Or.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Motions by Victims

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Consumer opinion summary, case decided on March 29, 2024 , LexisNexis #0524-093

Nelson, In re--United States Tr. v. Bray

Ruling
United States trustee was entitled to a judgment against defendant bankruptcy petitionpreparers who failed to include required information on bankruptcy filings, or to disclose feesand advertising legal services. (Bankr. D. Or.)
Issue(s)
Penalty for Persons Who Negligently or Fraudulently Prepare Bankruptcy Petitions.

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Consumer opinion summary, case decided on March 29, 2024 , LexisNexis #0524-076

Consol. Estate of Former W2W Entities, In re--Mitchell v. Kruckenberg

Ruling
Trustee was entitled to avoid certain payments made by the debtors as they were made whenthe debtors were insolvent. (Bankr. D. Or.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.

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Commercial opinion summary, case decided on March 27, 2024 , LexisNexis #0624-012

Rodriguez, In re

Ruling
Cable company did not violate the automatic stay or the discharge injunction as it did notattempt to collect a pre-petition debt before the discharge or a discharged debt thereafter.(Bankr. D. Or.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on March 26, 2024 , LexisNexis #0524-081

Roe, In re

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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Consumer opinion summary, case decided on January 18, 2024 , LexisNexis #0324-049

Drennen, In re--Dahill v. Drennen

Ruling
Debts owed to two judgment creditors were determined to be nondischargeable due to issuepreclusion. (Bankr. D. Or.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on November 09, 2023 , LexisNexis #0124-035

Educational Travel Servs., In re

Ruling
Debtors were entitled to post-judgment interest pursuant to statutes governing district courts,which generally applied to bankruptcy courts. (5th Cir.)
Issue(s)
Interest.

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Commercial opinion summary, case decided on October 06, 2023 , LexisNexis #1223-023

McDaniel, In re--Dennis v. McDaniel

Ruling
Balance due to plaintiff from the debtor represented by state court judgments wasnondischargeable as the state court made sufficient findings to meet the requirements ofactual fraud. (Bankr. D. Or.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on September 29, 2023 , LexisNexis #1223-005

Saturno Design, LLC, In re

Ruling
Confirmation of debtor's Chapter 11 plan was denied as debtor did not act in bad faith bymaking its plan-based collateral-valuation proposal. (Bankr. D. Or.)
Issue(s)
Confirmation of Plan; Requirements; Subsequent Liquidation or Further

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Commercial opinion summary, case decided on September 13, 2023 , LexisNexis #1123-043