Judge Mckittrick

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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