Oregon

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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