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District of oregon

In re Pineda-Pineda

Ruling
Discharge denied due to untimely attempt to cure tax deficiency.
Issue(s)
Could tax claim that had already gone to judgment prior to petition date be cured in debtors'chapter 13 plan?

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Consumer opinion summary, case decided on April 18, 2014 , LexisNexis #0514-065

Mouraveiko v. Moglia

Ruling
Debt was nondischargeable on grounds of defalcation and embezzlement based on state court finding of express trust and misappropriation.
Issue(s)
Was debt nondischargeable where debtor allegedly misappropriated deferred salary compensation from a trust account that debtor had the duty to administer?

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Consumer opinion summary, case decided on April 10, 2014 , LexisNexis #0514-053

In re C & K Mkt.

Ruling
Breakup fee for debtor-in-possession lender not ultimately approved to serve by bankruptcy court allowed but not as an administrative expense claim.
Issue(s)
Should "breakup fee" claimed by a debtor-in-possession lender not ultimately approved by the bankruptcy court be allowed and if so should it be treated as an administrative expense claim?

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Commercial opinion summary, case decided on April 08, 2014 , LexisNexis #0414-115

In re McCracken

Ruling
Judgment of foreclosure was not an avoidable judicial lien.
Issue(s)
Did a judgment of foreclosure create a "judicial lien" that could be avoided as impairing debtor's homestead exemption?

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Consumer opinion summary, case decided on April 08, 2014 , LexisNexis #0414-119

In re Hartley

Ruling
Case ordered converted or dismissed due to presumption of abuse.
Issue(s)
Should debtors' case be dismissed due to presumption of abuse arising from underreporting of gross income and excessive deductions?

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Consumer opinion summary, case decided on March 28, 2014 , LexisNexis #0414-129

Charter v. Bennett (In re Bennett)

Ruling
Transfer of interest in land was avoidable although transferee could retain value given of satisfaction of antecedent debt.
Issue(s)
Was transfer of interest in land avoidable on grounds of actual or constructive fraud.

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Consumer opinion summary, case decided on January 27, 2014 , LexisNexis #0214-098

In re Pacific Cargo Servs. LLC

Ruling
Creditor's motion to vacate sale order denied given sufficient notice.
Issue(s)
Should sale of assets be vacated on motion of creditor provided with mail and electronic notice with shortened sale period .

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Commercial opinion summary, case decided on September 18, 2013 , LexisNexis #1013-066

In re Green

Ruling
Confirmation denied due to expense claims for vehicles purchased on credit under earlier plans without approval.
Issue(s)
Could debtor claim expenses for motor vehicle purchased without permission of trustee in prior bankruptcy case?

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Consumer opinion summary, case decided on August 27, 2013 , LexisNexis #0913-102

Monk v. LSI Title Co. of Or. LLC (In re Monk)

Ruling
Mortgage was not discharged due to trustee's failure to properly serve objection on mortgagee.
Issue(s)
Whether post-discharge foreclosure violated the discharge injunction or was proper given insufficient notice of trustee's original objection to the mortgagee's claim.

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Consumer opinion summary, case decided on August 09, 2013 , LexisNexis #0913-034

In re Barnes

Ruling
Trustee could not employ judgment creditor's attorney as special counsel to pursue related claims.
Procedural posture

A chapter 7 trustee filed an application to employ and attorney and her firm as special counsel for the estate pursuant to 11 U.S.C.S. § 327(a). The debtor objected to the employment.

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Consumer opinion summary, case decided on July 16, 2013 , LexisNexis #0813-038