- 11 U.S.C.
Russell-Cassalery, In re
Oct
21
2024
Ruling
Bankruptcy court could not approve a fourth amended Cheater 13 plan that proposed to retain an 84-month term after expiration of § 1329(d). (Bankr. D. Or.)
Issue(s)
Modification of Plan After Confirmation.
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- 11 U.S.C.
Szanto, In re
Jan
13
2023
Ruling
IRS's claim properly included amount assessed before the tax court's decision on an additionalamount owed by debtor. (Bankr. D. Or.)
Issue(s)
Allowance of Claims or Interests.
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:
- 11 U.S.C.
Truong, In re
Dec
15
2022
Ruling
Real estate purchase and sale agreement was executory but not subject to rejection absent asound business reason. (Bankr. D. Or.)
Issue(s)
Executory Contracts and Unexpired Leases.
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Heard, In re
Aug
11
2021
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.)
Issue(s)
Notice Relating to Claims Secured By Security Interest in the Debtor’s Principal
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- 11 U.S.C.
Campbell, In re
Aug
11
2021
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.)
Issue(s)
Debtor’s Transactions with Attorneys
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North Pac. Canners & Packers Inc, In re
May
11
2021
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.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed.
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Szanto, In re
May
07
2021
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.)
Issue(s)
Limitation on Compensation of Trustee; Compensation for Services Under Chapter 7 or
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- 11 U.S.C.
Freeland, In re
Aug
12
2020
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.).
Issue(s)
Automatic Stay; Scope; Acts to Collect, Assess or Recover Claims.
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Coelho Dairy v. Coelho
May
30
2019
Ruling
Debtor was not entitled to offset creditor's proof of claim against his negative capital accountbalance. (Bankr. D. Or.)
Issue(s)
Allowance of Claims or Interests; Objections.
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- 11 U.S.C.
Szanto, In re
Jan
07
2019
Ruling
Claim based on community property interest that never accrued under premarital agreementdisallowed. (Bankr. D. Or.)
Issue(s)
Allowance of Claims or Interests.
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