Judge Mckittrick

Heard, In re

Ruling: 
Debtor was entitled to an award of attorney fees because a bank's notice indicating that thedebtor's escrow payments were increasing was inaccurate. (Bankr. D. Or.)
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Consumer case opionion summary, case decided on August 11,2021, LexisNexis #0921-100

Campbell, In re

Ruling: 
Motion for disgorgement granted in part because counsel failed to disclose first fee agreementand payments made to him and tardily filed the succeeding fee agreements. (Bankr. D. Or.)
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Consumer case opionion summary, case decided on August 11,2021, LexisNexis #0921-080

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

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

Coelho Dairy v. Coelho

Ruling: 
Debtor was not entitled to offset creditor's proof of claim against his negative capital accountbalance. (Bankr. D. Or.)
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Consumer case opionion summary, case decided on May 30,2019, LexisNexis #0819-034

Szanto, In re

Ruling: 
Claim based on community property interest that never accrued under premarital agreementdisallowed. (Bankr. D. Or.)
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Consumer case opionion summary, case decided on January 07,2019, LexisNexis #0219-054
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