Oregon

In re Doyle

Before the court in a chapter 13 matter was the Oregon Secretary of State Elections Division's objection to confirmation of debtors'chapter 13 plan.
Ruling: 
Plan confirmation was denied since the debtors' combined scheduled noncontingent, liquidated, unsecured debts exceeded the amount allowed under chapter 13.
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In re Duffus

A bankruptcy case was before the court on the trustee's motion for an order dismissing debtors'case pursuant to 11 U.S.C. § 521(e)(2)(B).
Ruling: 
Trustee was denied a motion to dismiss debtor's case since the trustee had the authority to waive an untimely delivery of documents and since a dismissal was contrary to the interests of the estate and creditors.
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In re Schiffman

Before the court in a chapter 13 bankruptcy matter were debtor's objection to provisions of paragraph 1 of the court's local chapter 13 plan form, as well as the chapter 13 trustee's and a creditor's objections to paragraph 14, and the creditor's objection to paragraph 17, in which the trustee joined, of the amended plan.
Ruling: 
Debtor's objection to the court's chapter 13 plan form was overruled since the debtor sought to exclude tax refunds from estate property.
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In re Roman Catholic Archbishop

Before the court were various motions and other matters preliminary to consideration of debtor's chapter 11 plan of reorganization.
Ruling: 
Court ruled that it could not estimate the unresolved tort claims to establish a cap on the fund to be available to pay those claims and that debtor could not obtain plan confirmation for a plan that disallowed punitive damages.
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In re Or. Arena Corp.

Bankruptcy debtor arena operator filed a voluntary petition for relief under chapter 11. The bankruptcy court held that several agreements entered into between the city and the arena operator constituted a single, indivisible contract that had to be assumed or rejected in its entirety under 11 U.S.C. § 365. The arena operator and certain creditors appealed that order.
Ruling: 
Court ruled that the agreements between a city and an arena operator constituted a single, indivisible contract to be assumed or rejected in its entirety.
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In re Carolina Tobacco Co.

Debtor's third amended chapter 11 plan for reorganization was currently before the court for confirmation after negotiations between debtor and objector states failed to reach a settlement. The objections concerned debtor's obligation to pay escrow deposits to the states pursuant to a master settlement agreement for tobacco litigation.
Ruling: 
Debtor's third amended plan was confirmed provided that the debtor made required modifications to account for the debtor's prepetition obligation to make escrow deposits.
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In re Feldmeier

Movant debtors filed a motion to show cause why respondent bank and its law firm should not be held in contempt of court based on their alleged violation of the discharge injunction provided by 11 U.S.C. § 524.
Ruling: 
Bank's law firm was found to be in contempt for violating a discharge injuction.
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In re Bailey

After the debtors'chapter 13 case was dismissed, but before movant chapter 13 trustee could distribute the accumulated plan payments to the debtors, a creditor served the trustee with a garnishment under Oregon law. The trustee moved for instructions on whether the trustee was required to honor the state law garnishment for the plan payments collected prior to dismissal.
Ruling: 
Debtors were entitled to return of funds held by a trustee following dismissal of their unconfirmed chapter 13 case over a creditor's state garnishment claim.
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