Oregon

In re Pacific Cargo Servs. LLC

Ruling: 
Creditor's motion to vacate sale order denied given sufficient notice.
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Commercial case opionion 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.
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Consumer case opionion 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.
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Consumer case opionion summary, case decided on August 09,2013, LexisNexis #0913-034

In re Barnes

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.
Ruling: 
Trustee could not employ judgment creditor's attorney as special counsel to pursue related claims.
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Consumer case opionion summary, case decided on July 16,2013, LexisNexis #0813-038

McEdwards v. Welch (In re Welch)

Plaintiff creditor filed suit against defendant debtor objecting to the dischargeability of his debt and thereafter filed a motion for summary judgment declaring the debt nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4).
Ruling: 
Debt was nondischargeable due to debtor's actual fraud and false representations.
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Consumer case opionion summary, case decided on July 10,2013, LexisNexis #0813-085

In re Braswell

Petitioner debtor filed an amended chapter 13 plan of reorganization. Pursuant to 11 U.S.C.S. § 1325, respondent trustee objected to confirmation of the debtor's amended plan on a number of grounds, most notably on grounds of lack of good faith and the failure to provide interest to unsecured claimants in the debtor's 100% plan. The court held a confirmation hearing and issued its ruling.
Ruling: 
Confirmation denied due to lack of accommodation for the time value of money in payment of unsecured creditors.
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Consumer case opionion summary, case decided on June 27,2013, LexisNexis #0813-101

Oregon Employment Dept v. Carnahan (In re Carnahan)

The Oregon Employment Department filed an adversary proceeding in a debtor's bankruptcy case, claiming that the debtor owed a debt that was nondischargeable under 11 U.S.C.S. § 523(a) because he made false statements in an application for unemployment benefits. The case was tried to the court. The court issued an earlier decision but revised that decision after a mathematical error was brought to its attention.
Ruling: 
State employment department entitled to nondischargeable claim for overpayment of benefits based on false information provided by debtor.
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Consumer case opionion summary, case decided on May 21,2013, LexisNexis #0613-052

In re Grogan

Debtors filed a petition under chapter 11 of the Bankruptcy Code and operated a Christmas tree farming business they owned as debtors-in-possession. The debtors proposed a plan for reorganizing their business and paying their creditors, and a creditor that held secured notes totaling $7 million filed an objection to the debtors' plan. The court held a hearing on the debtors' plan and the creditor's objection.
Ruling: 
Confirmation of plan denied due to proposed use of cash collateral without adequate protection for secured creditor.
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Consumer case opionion summary, case decided on April 26,2013, LexisNexis #0513-136

Volm v. Johnson (In re Johnson)

Creditor filed an adversary proceeding against defendant debtor seeking to have a judgment debt declared nondischargeable under 11 U.S.C.S. § 523(a)(6). The creditor moved for summary judgment.
Ruling: 
Judgment for assault, battery and intentional infliction of emotional distress was nondischargeable.
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Consumer case opionion summary, case decided on April 18,2013, LexisNexis #0513-083

In re Pahl

Accountants for a bankruptcy estate filed an amended final application for compensation pursuant to 11 U.S.C.S. § 330(a)(1). The chapter 7 debtor objected to the application.
Ruling: 
Fees of accountants for estate for filing fiduciary tax returns allowed in full as extra work was due to actions of debtor.
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Consumer case opionion summary, case decided on April 04,2013, LexisNexis #0513-003

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