- 11 U.S.C.
Westby, In re-Huffman v. Gollersrud
Feb
13
2017
Ruling
Security interest was avoidable where creditor failed to file a financing statement or takepossession of the note under local statutes. (Bankr. D. Or.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers; Trustee’s Avoidance Powers as Judicial Lien Creditor.
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Court
:
In re DAgnese
Dec
15
2015
Ruling
Confirmation denied for bad faith for failure of plan to include payments to former spouse on outstanding obligations under marriage dissolution judgment.
Issue(s)
Could chapter 13 plan the proposed to pay little or none of debt owed to debtor's former spouse pursuant to judgment of dissolution be confirmed?
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Court
:
- 11 U.S.C.
Freeland v. United States Dept of Educ. (In re Freeland)
Sep
02
2015
Ruling
Undue hardship discharge of student loan debt denied where debtors had sufficient income and could reduce discretionary spending.
Issue(s)
Were debtors entitled to an undue hardship discharge of a student loan debt that had previously gone to judgment?
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Court
:
- 11 U.S.C.
In re Christianson
Aug
12
2015
Ruling
Confirmation denied where claimed vehicle expense would end two years into five-year plan and only four tax refunds would be turned over.
Issue(s)
Could debtor's five-year plan proposing vehicle expense for loan that would expire after two years and payment of four tax returns be confirmed?
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Court
:
- 11 U.S.C.
In re Womelsdorf
Jun
11
2015
Ruling
Tribal immunity did not bar application of the Bankruptcy Code.
Issue(s)
Was chapter 7 trustee's order against Native American tribe or its development corporation barred by tribal immunity?
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Court
:
- 11 U.S.C.
Sticka v. Leon (In re Leon)
Mar
05
2015
Ruling
Trustee's sale free and clear of property co-owned by debtor and third party approved.
Issue(s)
Could trustee sell property owned by debtor and third party free and clear of all liens and the co- owners interest?
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Court
:
- 11 U.S.C.
In re Benbrook
Feb
10
2015
Ruling
Debtor's objection to amount of creditor's proof of claim was barred by confirmation of plan three years earlier.
Issue(s)
Could debtor object to creditor's proof of claim three years after confirmation of a chapter 12 plan?
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Court
:
- 11 U.S.C.
Pachulski Stang Ziehl & Jones LLP v. Arlie & Co. (In re Arlie & Co.)
Feb
04
2015
Ruling
Court lacked jurisdiction over post-confirmation proceeding for breach of stipulation and attorneys' fees.
Issue(s)
Did the bankruptcy court have subject matter jurisdiction over a postconfirmation proceeding for breach of stipulation and related promissory note?
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Court
:
In re Sugg
Jul
22
2014
Ruling
Claim for breach of fiduciary duty was not liquidated and did not disqualify debtors from eligibility under chapter 13.
Issue(s)
Did debtor's combined unsecured debts exceed the upper limit allowed for chapter 13 eligibility?
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Court
:
In re C & K Mkt.
Apr
08
2014
Ruling
Breakup fee for debtor-in-possession lender not ultimately approved to serve by bankruptcy court allowed but not as an administrative expense claim.
Issue(s)
Should "breakup fee" claimed by a debtor-in-possession lender not ultimately approved by the bankruptcy court be allowed and if so should it be treated as an administrative expense claim?
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Court
: