McKittrick v. Gavilon LLC (In re Cascade Grain Prods. LLC)
Oct
28
2011
Ruling
Payments for shipments received more than two days after the contract dates were made under forward contracts and not preferential.
Procedural posture
Plaintiff Chapter 7 trustee sought to recover as preferential transfers under 11 U.S.C.S. § 547(b) payments that the debtor paid to defendant companies. Defendants filed a motion for summary judgment arguing that the transfers were settlement payments on account of forward contracts and therefore not subject to recovery as preferences under 11 U.S.C.S. § 546(e).
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Court
:
- 11 U.S.C.
Thorud v. Thorud (In re Thorud)
Oct
26
2011
Ruling
"Property division" was not a nondischargeable domestic support obligation.
Procedural posture
Plaintiff, the ex-wife of defendant Chapter 13 debtor, filed an adversary proceeding seeking a declaration that an obligation pursuant to a stipulated divorce judgment was excepted from the debtor's discharge under 11 U.S.C.S. § 523(a)(5).
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Court
:
- 11 U.S.C.
In re Norred
Sep
21
2011
Ruling
Creditor entitled to insurance proceeds from post-confirmation destruction of vehicle only to the extent of its security interest.
Procedural posture
Chapter 13 debtors filed a motion to allocate insurance proceeds resulting from the post-confirmation destruction of a vehicle in which a creditor held a secured claim.
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Court
:
- 11 U.S.C.
In re Morgan
Apr
26
2011
Ruling
Equalizing judgment in dissolution proceeding was not a domestic support order and was a general unsecured claim.
Procedural posture
A creditor objected to confirmation of a chapter 13 debtor's plan on the ground that it did not provide for payment of an obligation owing to him as a priority claim under 11 U.S.C.S. § 507(a)(1) but instead treated it as a general unsecured claim. He argued that the obligation was a domestic support obligation that had to be paid as a priority claim. The debtor objected to the claim on the ground that it was not entitled to priority.
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Court
:
- 11 U.S.C.
In re Nelson
Apr
22
2011
Ruling
Debtor's obligation to assume mortgage and hold former spouse harmless was not a domestic support order and not entitled to priority treatment.
Procedural posture
In a debtor's chapter 13 case, a creditor objected to confirmation of the chapter 13 plan on the grounds that it failed to provide for full payment of an alleged domestic support obligation (DSO) as required by 11 U.S.C.S. § 1322(a)(2).
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Court
:
- 11 U.S.C.
In re Roman Catholic Archdiocese of Portland in Or.
Jun
24
2009
Ruling
Unsealing of appropriately redacted documents relating to sexual abuse claims in debtor diocese granted.
Procedural posture
After various claims on account of alleged sexual abuse of children by employees of debtor, a religious institution, were resolved in private arbitration, movants, including counsel for persons with similar claims, asked the court to publicly release documents that had been produced in discovery, which release involved unsealing of the documents. At issue was whether release was proper under common law, under 11 U.S.C.S. § 107, otherwise.
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Court
:
- 11 U.S.C.
Renn v. F.W. Fin. Servs. Inc.
Jun
05
2008
Ruling
Fraudulently transferred assets could be recovered from subsequent transferee that paid less than reasonably equivalent value.
Procedural posture
A trustee filed an action against defendant company, pursuant to 11 U.S.C.S. § 548(a)(1)(B), to avoid the transfer of assets of the debtor to the company and to recover the value of the assets from a subsequent transferee, a limited liability company (LLC), pursuant to 11 U.S.C.S. § 550(a). After a trial, the court issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
In re Roman Catholic Archbishop of Portland in Oregon
Apr
13
2007
Ruling
Plan confirmed over objection to treatment of settled and outstanding claims for sexual abuse.
Procedural posture
The debtor, an archdiocese and successors, together with other interested parties, sought confirmation of the third amended and restated joint plan of reorganization. The plan was submitted by the debtor and the tort claimants committee ("TCC"), the future claimants representative ("FCR"), and the parish and parishioners committee ("PCC"). Three claimants, who had a claim related to expulsion from a parish school, objected to the plan.
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Court
:
- 11 U.S.C.
In re Lane
Nov
15
2006
Ruling
Debtor could not compel abandonment of property despite trustee's earlier representation of intent to do so.
Procedural posture
Debtor filed a motion to compel abandonment of debtor's residence pursuant to 11 U.S.C. § 554, based on the trustee's initial agreement that he would abandon the residence.
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Court
:
- 11 U.S.C.
In re Roman Catholic Archbishop
Feb
28
2006
Ruling
Court ruled that it could not estimate the unresolved tort claims to establish a cap on the fund to be available to pay those claims and that debtor could not obtain plan confirmation for a plan that disallowed punitive damages.
Procedural posture
Before the court were various motions and other matters preliminary to consideration of debtor's chapter 11 plan of reorganization.
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Court
: