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Bussmann, In re

Ruling
Relief from the automatic stay granted where any partial resolution of pending litigationwould benefit the bankruptcy estate. (Bankr. D. Or.)
Issue(s)
Automatic Stay; Relief from Stay

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Consumer opinion summary, case decided on September 30, 2021 , LexisNexis #1121-082

Parameter, In re--Parmenter v. Wilmington Sav. Fund. Soc. FSB

Ruling
Bankruptcy court was without jurisdiction in adversary proceeding as the real propertydescribed in the complaint was abandoned pursuant to a prior order and at the time the planwas confirmed, it was not property of the bankruptcy estate. (Bankr. D. Or.)
Issue(s)
Bankruptcy Cases and Proceedings; Proceedings Arising Under or Arising In

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Consumer opinion summary, case decided on September 20, 2021 , LexisNexis #1121-046

Wright, In re

Ruling
Decision by debtors' counsel not to sign the certifications required by § 524(c)(3) rendered thereaffirmation agreements unenforceable. (Bankr. D. Or.)
Issue(s)
Effect of Discharge; Reaffirmation Agreements; Filing and Affidavit of Debtor’s

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Consumer opinion summary, case decided on September 29, 2020 , LexisNexis #1120-039

Ameriflex Eng'g LLC, In re

Ruling
LLC member's claim was disallowed as the debtor provided substantial evidence todemonstrate that the loan agreement was not unenforceable. (Bankr. D. Or.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Unenforceable Claim.

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Commercial opinion summary, case decided on September 21, 2020 , LexisNexis #1120-003

Smith, In re

Ruling
Debtor's motion to reopen Chapter 7 case to avoid two judgment liens after 10 years was denied as untimely. (Bankr. D. Or.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Court :
Consumer opinion summary, case decided on July 16, 2020 , LexisNexis #0820-087

Paulson, In re

Ruling
Debtor could not attack creditor LLC’s standing to seek relief from stay where the issue hadbeen addressed previously by other courts. (Bankr. D. Or.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on March 31, 2020 , LexisNexis #0520-078

Amborn v. Dowell

Ruling
Unscheduled foreclosure claims were not abandoned upon closure of debtors’ cases andremained property of the estates. (Bankr. D. Or.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.

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Consumer opinion summary, case decided on March 20, 2020 , LexisNexis #0520-039

Smith, In re--Smith v. Dep't of Educ.

Ruling
Debtor was entitled to a bankruptcy discharge of his student loan as excepting his debt fromdischarge would impose an undue hardship on debtor and his dependents. (Bankr. D. Or.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on September 17, 2019 , LexisNexis #1119-066

Ameriflex Eng'g LLC

Ruling
Court denied confirmation of chapter 11 plan as it did not allow for competing bids. (Bankr. D. Or.)
Issue(s)
Confirmation of Plan; Cramdown; Fairness and Equity; Unsecured Claims.

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Commercial opinion summary, case decided on July 31, 2018 , LexisNexis #0918-056

Berjac of Or., In re

Ruling
Court approved settlement after the proponent showed that it was fair, equittable, reasonable,and that the decision to settle was in good faith. (Bankr. D. Or.)
Issue(s)
Findings by the Court.

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Consumer opinion summary, case decided on June 14, 2017 , LexisNexis #0717-089