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.
ABI Membership is required to access the full summary of McDaniel, In re--Dennis v. McDaniel Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Saturno Design, LLC, In re
Sep
13
2023
Ruling
Confirmation of debtor's Chapter 11 plan was denied as debtor did not act in bad faith bymaking its plan-based collateral-valuation proposal. (Bankr. D. Or.)
Issue(s)
Confirmation of Plan; Requirements; Subsequent Liquidation or Further
ABI Membership is required to access the full summary of Saturno Design, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Est. of Former W2W Entities, In re--Mitchell v. Kruckenberg
Aug
16
2023
Ruling
Elements of preference avoidance were established for two particular cash payments that hadbeen made to the managing member of the debtors. (Bankr. D. Or.)
Issue(s)
Preferences; Avoidable Transfers.
ABI Membership is required to access the full summary of Est. of Former W2W Entities, In re--Mitchell v. Kruckenberg Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Rinegard-Guirma, In re
Aug
04
2023
Ruling
Efforts to enforce pre-petition foreclosure and eviction judgments and to remove the debtor bya common-law writ of assistance would violate the automatic stay. (Bankr. D. Or.)
Issue(s)
Automatic Stay; Scope.
ABI Membership is required to access the full summary of Rinegard-Guirma, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Springer Constr. LLC, In re
Jul
24
2023
Ruling
Creditors were entitled to post-petition interest because their claim was oversecured. (Bankr. D.Or.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
ABI Membership is required to access the full summary of Springer Constr. LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Luetkenhaus, In re
Apr
28
2023
Ruling
Circuit court judgment for a domestic support obligation was nondischargeable in a Chapter 7 case and was not discharged by the debtor's discharge in an earlier case. (Bankr. D. Or.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts in Connection with Divorce or Separation.
ABI Membership is required to access the full summary of Luetkenhaus, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Smith, In re--Smith v. Smith
Apr
24
2023
Ruling
Judgment debt was nondischargeable as the court had to give preclusive effect to the state court's decision that defendant breached his fiduciary duty. (Bankr. D. Or.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.
ABI Membership is required to access the full summary of Smith, In re--Smith v. Smith Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
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.
ABI Membership is required to access the full summary of Bussmann, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Frysinger, In re
Feb
24
2023
Ruling
Court could not make a finding that the debtor could meet the condition for Chapter 13 plan confirmation as it did not show he could obtain enough steady work to generate sufficient income to fund living expenses and plan payments. (Bankr. D. Or.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.
ABI Membership is required to access the full summary of Frysinger, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
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
ABI Membership is required to access the full summary of Baker, In re--Anderson v. Baker Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: