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District of oregon

In re Jacobson

Ruling
Trustee could settle debtor's claims against bank that were property of the estate.
Issue(s)
Could trustee settle debtors' counterclaims against bank in state court foreclosure action?

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Consumer opinion summary, case decided on September 28, 2015 , LexisNexis #1115-019

Cronk v. Oregon Credit & Collections Bureau Inc. (In re Cronk)

Ruling
Debtor could not avoid garnishment that was never presented and others that didn't meet threshold.
Issue(s)
Did debtor meet the threshold amount necessary to allege that wage garnishments were preferential transfers?

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Consumer opinion summary, case decided on September 25, 2015 , LexisNexis #1015-130

Freeland v. United States Dept of Educ. (In re Freeland)

Ruling
Undue hardship discharge of student loan debt denied where debtors had sufficient income and could reduce discretionary spending.
Issue(s)
Were debtors entitled to an undue hardship discharge of a student loan debt that had previously gone to judgment?

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Consumer opinion summary, case decided on September 02, 2015 , LexisNexis #0915-118

In re Christianson

Ruling
Confirmation denied where claimed vehicle expense would end two years into five-year plan and only four tax refunds would be turned over.
Issue(s)
Could debtor's five-year plan proposing vehicle expense for loan that would expire after two years and payment of four tax returns be confirmed?

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Consumer opinion summary, case decided on August 12, 2015 , LexisNexis #0915-033

In re Womelsdorf

Ruling
Tribal immunity did not bar application of the Bankruptcy Code.
Issue(s)
Was chapter 7 trustee's order against Native American tribe or its development corporation barred by tribal immunity?

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Consumer opinion summary, case decided on June 11, 2015 , LexisNexis #0715-004

In re Moser

Ruling
Attorneys fees awarded in custody proceeding were a nondischargeable domestic support obligation.
Issue(s)
Was debt for attorneys' fees awarded in child custody proceeding a nondischargeable domestic support obligation?

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Consumer opinion summary, case decided on May 13, 2015 , LexisNexis #0615-048

Arnot v. Endresen (In re Endresen)

Ruling
Settlement proceeds of action commenced and concluded postpetition was property of the estate where the cause of action arose prior to petition date.
Issue(s)
Were settlement proceeds property of the debtors' bankruptcy estate where the existence of the claims was not discovered until after the petition date, but the claims arose many years prior to the petition date?

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Consumer opinion summary, case decided on April 15, 2015 , LexisNexis #0515-053

Melton v. Moore (In re Moore)

Ruling
Debt for damage to apartment by debtors' dog was dischargeable absent showing of misrepresentation prior to damage, despite prohibition of dogs in debtors' lease.
Issue(s)
Was debt resulting from damage to rental property by debtor's dog, where dogs were prohibited under the lease, nondischargeable on the basis of debtors' alleged misrepresentations regarding the dog?

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Consumer opinion summary, case decided on April 01, 2015 , LexisNexis #0415-114

In re Taggart

Ruling
Debtor awarded damages, fees, costs and punitive damages due to creditor's violation of the discharge injunction causing emotional and physical distress.
Issue(s)
Was debtor entitled to damages for creditor's violation of the discharge injunction that caused emotional distress and an outbreak of psoriasis?

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Consumer opinion summary, case decided on March 17, 2015 , LexisNexis #0415-050

Sticka v. Leon (In re Leon)

Ruling
Trustee's sale free and clear of property co-owned by debtor and third party approved.
Issue(s)
Could trustee sell property owned by debtor and third party free and clear of all liens and the co- owners interest?

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Consumer opinion summary, case decided on March 05, 2015 , LexisNexis #0615-043