- 11 U.S.C.
In re Hartley
Mar
28
2014
Ruling
Case ordered converted or dismissed due to presumption of abuse.
Issue(s)
Should debtors' case be dismissed due to presumption of abuse arising from underreporting of gross income and excessive deductions?
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Court
:
- FRBP
Monk v. LSI Title Co. of Or. LLC (In re Monk)
Aug
09
2013
Ruling
Mortgage was not discharged due to trustee's failure to properly serve objection on mortgagee.
Issue(s)
Whether post-discharge foreclosure violated the discharge injunction or was proper given insufficient notice of trustee's original objection to the mortgagee's claim.
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Court
:
- 11 U.S.C.
McEdwards v. Welch (In re Welch)
Jul
10
2013
Ruling
Debt was nondischargeable due to debtor's actual fraud and false representations.
Procedural posture
Plaintiff creditor filed suit against defendant debtor objecting to the dischargeability of his debt and thereafter filed a motion for summary judgment declaring the debt nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4).
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Court
:
- 11 U.S.C.
In re Braswell
Jun
27
2013
Ruling
Confirmation denied due to lack of accommodation for the time value of money in payment of unsecured creditors.
Procedural posture
Petitioner debtor filed an amended chapter 13 plan of reorganization. Pursuant to 11 U.S.C.S. § 1325, respondent trustee objected to confirmation of the debtor's amended plan on a number of grounds, most notably on grounds of lack of good faith and the failure to provide interest to unsecured claimants in the debtor's 100% plan. The court held a confirmation hearing and issued its ruling.
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Court
:
- 11 U.S.C.
In re Grogan
Apr
26
2013
Ruling
Confirmation of plan denied due to proposed use of cash collateral without adequate protection for secured creditor.
Procedural posture
Debtors filed a petition under chapter 11 of the Bankruptcy Code and operated a Christmas tree farming business they owned as debtors-in-possession. The debtors proposed a plan for reorganizing their business and paying their creditors, and a creditor that held secured notes totaling $7 million filed an objection to the debtors' plan. The court held a hearing on the debtors' plan and the creditor's objection.
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Court
:
- 11 U.S.C.
In re Kline
Feb
14
2013
Ruling
Debtor could assume one lease and reject two others.
Procedural posture
Debtors filed a motion to assume a lease on Eugene commercial property and to reject leases on commercial properties in Springfield and Cottage Grove, to determine the ownership of certain greenhouses, and to establish the rental rates for the various leases for purposes of assumption and rejection. An individual (objector) and a corporation filed an objection and sought a further ruling by the court on certain matters.
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Court
:
- 11 U.S.C.
Monk v. LSI Title Co. of Oregon LLC (In re Monk)
Dec
03
2012
Ruling
Hearing on violation of discharge injunction would be scheduled if notice issue was resolved favorably.
Procedural posture
After debtors moved to reopen their chapter 13 case, debtors and defendant creditors cross-moved for summary judgment on issues arising out of defendants' post-discharge conduct, including their undertaking to foreclose on debtors' property and to sell it at sheriff's sale. Issues included whether the court had jurisdiction over the matter and whether defendants had violated the post-discharge injunction per 11 U.S.C.S. § 524.
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Court
:
- 11 U.S.C.
Sugar v. Eimstad (In re Eimstad)
May
24
2012
Ruling
Intentional tort judgment for assault, battery and intentional infliction of emotional distress was nondischargeable.
Procedural posture
Creditor filed a complaint against debtor seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(6). The creditor filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Olsen Agric. Enters.
May
17
2012
Ruling
Sale and application of proceeds in best interests of debtor in possession and creditor's approved over objection of guarantor.
Procedural posture
Debtor-in-Possession (DIP) and a creditor agreed to a plan of reorganization which involved the pre-confirmation sale, subject to the creditor's credit bid, of eight separate parcels. The proposed sale, pursuant to 11 U.S.C.S. § 363, would have been free and clear of liens and encumbrances. A guarantor of a term loan (the "Objector") filed a "limited objection" to the sale.
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Court
:
- 11 U.S.C.
State v. Hickey (In re Hickey)
May
10
2012
Ruling
Misrepresentation of need for public assistance was basis for nondischargeable debt.
Procedural posture
The State of Oregon brought an adversary proceeding against debtors pursuant to 11 U.S.C.S. § 523(a)(2), (a)(5). A default order was entered. At that point the court balked, advising that it did not believe that the duty to repay was a domestic support obligation, and advised that a written opinion would follow.
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Court
: