McDaniel, In re--Dennis v. McDaniel
Sep
29
2023
Ruling
Balance due to plaintiff from the debtor represented by state court judgments wasnondischargeable as the state court made sufficient findings to meet the requirements ofactual fraud. (Bankr. D. Or.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
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Bussmann, In re
Mar
31
2023
Ruling
Debtor was not eligible for Chapter 12 relief as he did not qualify as a family farmer in that a majority of his debts did not arise out of a farming operation. (Bankr. D. Or.)
Issue(s)
Who May Be a Debtor; Chapter 12.
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Court
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Baker, In re--Anderson v. Baker
Jan
30
2023
Ruling
Motion for a further extension of time to file an amended adversary complaint was deniedas anything said at the meeting of creditors, held after the filing of the bankruptcy case didnot constitute grounds for an exception to the discharge. (Bankr. D. Or.)
Issue(s)
Computing and Extending Time; Time for Motion Papers; Enlargement; In
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Court
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Malone v. IOU Central, Inc.
Sep
30
2022
Ruling
Defendant had no enforceable lien due to failure to dispute secured status when the claim wasdeemed unsecured or during the confirmation process. (Bankr. D. Or.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and
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Smith, In re--Perlenfein, Inc. v. Smith
Sep
26
2022
Ruling
Debt was nondischargeable as debtor's actions qualified as larceny as he knew he was takingproperty belonging to the creditor and he knew what he was doing was wrong. (Bankr. D. Or.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Baker, In re--Anderson v. Baker
Sep
23
2022
Ruling
Creditors failed to properly describe a claim for nondischargeability on grounds of fraud.(Bankr. D. Or.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.
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Court
:
- 11 U.S.C.
Lyon, In re--Ives v. Lyon
Aug
18
2022
Ruling
Plaintiffs were not entitled to an award of attorney fees in pursuing bankruptcy adversaryproceedings as the words of the parties' contract limited the award of attorney fees to theprevailing party in any arbitration. (Bankr. D. Or.)
Issue(s)
Determination of Tax Liability.
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Court
:
- 11 U.S.C.
Lyon, In re--Ives v. Lyon
Mar
31
2022
Ruling
Arbitration and supplemental arbitration awards were nondischargeable as both debtorsfailed to state material facts to the creditors when they purchased the debtors' home. (Bankr. D.Or.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Malone, In re--Malone v. IOU Cent., Inc.
Sep
30
2021
Ruling
Dismissal was not warranted as the claims asserted by the debtor in possession arose underthe Bankruptcy Code as the debtor sought to preserve the value of any avoided securityinterest for the benefit of the estate. (Bankr. D. Or.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and
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Abrams, In re--Dickson v. Abrams
Sep
30
2021
Ruling
Attorney's fee award was nondischargeable as it was incurred while litigating the bestinterests of debtor’s child. (Bankr. D. Or.)
Issue(s)
Discharge; Full-Compliance Discharge.
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Court
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