Oregon

In re Aslakson

Unsecured creditors objected to confirmation of a debtor's chapter 13 plan. The parties stipulated that the only issues in dispute were (1) projected disposable income (11 U.S.C.S. § 1325(b)(1)(B)); (2) best interests (§ 1325(a)(4)); and (3) good faith (§ 1325(a)).
Ruling: 
Confirmation denied where debtor was above median and disposable income calculations were wholly inaccurate.
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Consumer case opionion summary, case decided on March 28,2013, LexisNexis #0613-026

In re Kline

Debtors filed a motion to assume a lease on Eugene commercial property and to reject leases on commercial properties in Springfield and Cottage Grove, to determine the ownership of certain greenhouses, and to establish the rental rates for the various leases for purposes of assumption and rejection. An individual (objector) and a corporation filed an objection and sought a further ruling by the court on certain matters.
Ruling: 
Debtor could assume one lease and reject two others.
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Consumer case opionion summary, case decided on February 14,2013, LexisNexis #0313-110

In re Culpepper

Following the entry of an order granting the chapter 7 debtor wife's motion for an order of civil contempt based on a creditor's violation of the discharge injunction, the court held a hearing on the request of the debtor's counsel for an award of attorneys' fees and costs under 11 U.S.C.S. § 330. The creditor objected to the request.
Ruling: 
Attorneys' fees and costs awarded for violation of discharge injunction.
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Consumer case opionion summary, case decided on February 11,2013, LexisNexis #0313-004

In re Salyers

Debtor filed a petition under chapter 7 of the Bankruptcy Code and asked the court to issue an order which waived the requirement that he provide his latest federal income tax return to the chapter 7 trustee pursuant to 11 U.S.C.S. § 521(e)(2)(A).
Ruling: 
Debtor's motion to waive production of federal income tax return to trustee denied as premature.
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Consumer case opionion summary, case decided on January 31,2013, LexisNexis #0313-014

In re General Auto Bldg. LLC

Debtor applied for an order per 11 U.S.C.S. § 363(c)(2)(B) permitting it to use cash collateral belonging to claimant LLC to compensate debtor's appraiser for certain services while the LLC sought relief from stay per 11 U.S.C.S. § 362 on various grounds including lack of adequate protection.
Ruling: 
Application to use cash collateral to compensate appraiser denied.
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Commercial case opionion summary, case decided on December 28,2012, LexisNexis #0113-078

In re Marine Servs. Corp.

Debtors, a marine services company and two affiliated businesses, filed separate petitions under chapter 11 of the Bankruptcy Code. The court ordered administrative consolidation of the debtors' cases, and after most of the debtors' assets were sold it held a hearing on the debtors' motion to dismiss their cases and to consider four "interim" applications for legal fees and expenses that were filed by a law firm that represented the debtors.
Ruling: 
Debtors' attorneys' fees allowed with five percent reduction due to filing errors and pending dismissal.
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Commercial case opionion summary, case decided on December 18,2012, LexisNexis #0113-004

Monk v. LSI Title Co. of Oregon LLC (In re Monk)

After debtors moved to reopen their chapter 13 case, debtors and defendant creditors cross-moved for summary judgment on issues arising out of defendants' post-discharge conduct, including their undertaking to foreclose on debtors' property and to sell it at sheriff's sale. Issues included whether the court had jurisdiction over the matter and whether defendants had violated the post-discharge injunction per 11 U.S.C.S. § 524.
Ruling: 
Hearing on violation of discharge injunction would be scheduled if notice issue was resolved favorably.
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Consumer case opionion summary, case decided on December 03,2012, LexisNexis #1212-138

In re Culpepper

Debtors, a husband and wife, filed a motion to reopen their chapter 7 bankruptcy case, and after the court granted their motion, they filed a motion seeking an order holding a bank in contempt for violating the injunction that was imposed pursuant to 11 U.S.C.S. § 524(a)(2) when their debts were discharged. The husband withdrew from the debtors' contempt motion, and the bank filed a motion for summary judgment.
Ruling: 
Bank's continuing contacts with debtor regarding refinancing debt violated discharge injunction.
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Consumer case opionion summary, case decided on November 05,2012, LexisNexis #1212-020

In re Williams Love OLeary & Powers P.C.

A law firm declared chapter 11 bankruptcy, and an attorney the firm hired to work on cases involving pain pumps filed secured claims against the firm's bankruptcy estate. The attorney filed objections to confirmation of the firm's bankruptcy plan, and the court held a hearing on the plan and the attorney's objections.
Ruling: 
Debtor law firm not required to provide for alternative treatment of claim, the unsecured status of which was on appeal, in plan.
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Commercial case opionion summary, case decided on August 31,2012, LexisNexis #1012-064

Sugar v. Eimstad (In re Eimstad)

Creditor filed a complaint against debtor seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(6). The creditor filed a motion for summary judgment.
Ruling: 
Intentional tort judgment for assault, battery and intentional infliction of emotional distress was nondischargeable.
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Consumer case opionion summary, case decided on May 24,2012, LexisNexis #0612-091

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