Oregon

Olsen v. Gonzales

Defendants, the U.S. Attorney General and the U.S. Trustee, filed a Fed. R. Civ. P. 12(b)(1) motion to dismiss an action in which plaintiff attorneys challenged 11 U.S.C. §§ 526(a)(1), 526(a)(4), 527 and 528 of the Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA") as violative of the First Amendment and 11 U.S.C. §§ 526-528 as too vague in violation of the Fifth Amendment's Due Process Clause.
Ruling: 
BAPCPA provisions regarding debt relief agencies did not violate First Amendment.
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In re United Soil Recycling Inc.

A chapter 7 trustee objected to a lessor's motion for payment of priority administrative expenses under 11 U.S.C. § 503 that resulted from an environmental cleanup of the property leased by the debtor. The trustee alleged that the expenses resulted from a claim that arose prepetition and were not entitled to treatment as priority administrative expenses.
Ruling: 
Lessor's claim for environmental cleanup of property leased by debtor was a general unsecured claim.
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In re Brown

A creditor objected to debtors'original chapter 13 plan. The objection was resolved by an agreement that the "best interest number" under 11 U.S.C. § 1325(a)(4) would be $6,000. Debtors'counsel sent the trustee a proposed modified plan that, inter alia, substituted "n/a" for the best interest number. The trustee did not object to the proposed modified plan. Two years later, the trustee moved to reinstate the original best interest number.
Ruling: 
Court granted modification of plan to correct drafting error since notice had been defective and plan had not become final under section 1329(b)(2).
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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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