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judge hercher

Hiefield, In re

Ruling
Action seeking interpretation of bankruptcy court lien avoidance order was not barred by claim preclusion. (Bankr. D. Or.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on May 20, 2025 , LexisNexis #0725-087

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

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

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

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

Ruling
Elements of preference avoidance were established for two particular cash payments that hadbeen made to the managing member of the debtors. (Bankr. D. Or.)
Issue(s)
Preferences; Avoidable Transfers.

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Commercial opinion summary, case decided on August 16, 2023 , LexisNexis #1023-040

Rinegard-Guirma, In re

Ruling
Efforts to enforce pre-petition foreclosure and eviction judgments and to remove the debtor bya common-law writ of assistance would violate the automatic stay. (Bankr. D. Or.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on August 04, 2023 , LexisNexis #1023-006

Springer Constr. LLC, In re

Ruling
Creditors were entitled to post-petition interest because their claim was oversecured. (Bankr. D.Or.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.

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Commercial opinion summary, case decided on July 24, 2023 , LexisNexis #0923-063

Luetkenhaus, In re

Ruling
Circuit court judgment for a domestic support obligation was nondischargeable in a Chapter 7 case and was not discharged by the debtor's discharge in an earlier case. (Bankr. D. Or.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts in Connection with Divorce or Separation.

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Consumer opinion summary, case decided on April 28, 2023 , LexisNexis #0623-089

Georgedes, In re

Ruling
Debt was declared dischargeable as court found that debtor did not obtain money by falsepretenses as lent to be repaid under the parties' loan agreement. (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 December 19, 2022 , LexisNexis #0223-061