Jan
13
2023
Szanto, In re
Ruling:
IRS's claim properly included amount assessed before the tax court's decision on an additionalamount owed by debtor. (Bankr. D. Or.)
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Consumer case opionion summary, case decided on January 13,2023, LexisNexis #0323-032
Dec
15
2022
Truong, In re
Ruling:
Real estate purchase and sale agreement was executory but not subject to rejection absent asound business reason. (Bankr. D. Or.)
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Consumer case opionion summary, case decided on December 15,2022, LexisNexis #0223-057
Aug
11
2021
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
Aug
11
2021
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
May
07
2021
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
May
11
2021
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
Aug
12
2020
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
May
30
2019
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
Jan
07
2019
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
