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District of oregon

Hartner, In re

Ruling
It was reasonable for trustee to relinquish the estate's interest in exchange for a withdrawalof creditors’ claim for reimbursement as debtor’s interest in the partnerships had no materialvalue to the estate. (Bankr. D. Or.)
Issue(s)
Compromise and Arbitration; Compromise.

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Consumer opinion summary, case decided on June 25, 2018 , LexisNexis #0818-030

Ugas, In re--Alliance One Receivables Mgmt. v. Ugas

Ruling
Judgment deemed nondischargeable as debtor acted with subjective intent to cause injury.(Bankr. D. Or.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Consumer opinion summary, case decided on June 13, 2018 , LexisNexis #0718-070

Fite, LLC, In re

Ruling
Dismissal of case with a two-year bar to refiling was justified after court found multipleinstances of mismanagement, incompetence, and failure to uphold fiduciary duties on thepart of debtor's managers. (Bankr. D. Or.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; What Constitutes “Cause”; Gross Mismanagement of Estate.

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Commercial opinion summary, case decided on April 30, 2018 , LexisNexis #0618-020

Stites, In re--United States Tr. v. Howard

Ruling
California law firm penalized and enjoined from future violations for preparing debtor's statement of financial affairs without including required disclosures. (Bankr. D. Or.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.

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Consumer opinion summary, case decided on March 09, 2018 , LexisNexis #0418-044

Crimson Inv. Grp., LLC, In re

Ruling
Dismissal was warranted as debtor failed to file a monthly operating report and failed totimely file a fourth amended plan and disclosure statement. (Bankr. D. Or.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; What Constitutes "Cause".

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Commercial opinion summary, case decided on January 24, 2018 , LexisNexis #0318-020

Crimson Inv. Grp., LLC, In re

Ruling
Dismissal was warranted as debtor failed to file a monthly operating report and failed totimely file a fourth amended plan and disclosure statement. (Bankr. D. Or.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; What Constitutes "Cause".

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Commercial opinion summary, case decided on January 24, 2018 , LexisNexis #0318-020

Vincent, In re

Ruling
Debtor may confirm plan, but he had to take steps described by the court before the court would enter a confirmation order. (Bankr. D. Or.)
Issue(s)
Confirmation of Plan.

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Consumer opinion summary, case decided on December 21, 2017 , LexisNexis #0118-114

Shaul, In re--Kunda v. Shaul

Ruling
Debt arising from the state court judgment is dischargeable where evidence did not show thatdebtor made knowing misrepresentations with an intent to deceive the owner. (Bankr. D. Or.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on December 13, 2017 , LexisNexis #0118-071

Miller v. Gomez

Ruling
Creditor's educational loan claim was deemed nondischargeable as the debtor did not satisfyhis burden of proving that repayment would constitute undue hardship. (Bankr. D. Or.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on November 29, 2017 , LexisNexis #0118-020

Peak Web LLC, In re

Ruling
Claims for fraudulent concealment with regard to the 2014 Master Service Agreement and false advertising claim were time-barred. (Bankr. D. Or.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Proof of Claim not Timely Filed.

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Commercial opinion summary, case decided on November 08, 2017 , LexisNexis #1217-039