Skip to main content

Page Banner(Taxonomy)

judge renn

Szewc, In re--Krein v. Szewc

Ruling
Court concluded that a portion of the judgment debt was nondischargeable where creditors proved that the interference with their personal rights caused by debtors' willful or malicious conduct was substantial. (Bankr. D. Or.)
Issue(s)
Discharge; Full-Compliance Discharge; Restitution or Damages For Willful or Malicious Injury or Death.

ABI Membership is required to access the full summary of Szewc, In re--Krein v. Szewc Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 06, 2017 , LexisNexis #0417-055

In re Fielder

Ruling
Judgment lien against debtor’s residence was avoidable as impairing homestead exemption.(Bankr. D. Or.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance.

ABI Membership is required to access the full summary of In re Fielder Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 16, 2016 , LexisNexis #1216-072

In re Willis

Ruling
Lien did not attach to estate property and did not violate the automatic stay.
Issue(s)
Did creditor’s alleged failure to timely release a lien violate the automatic stay?

ABI Membership is required to access the full summary of In re Willis Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 08, 2016 , LexisNexis #0816-006

Barker v. Schelske

Ruling
Reasonable fees of attorney pursuant to terms of marital dissolution agreement allowed.
Issue(s)
Could a claim for attorneys' fees of debtor's former spouse incurred in marriage dissolution proceedings be allowed?

ABI Membership is required to access the full summary of Barker v. Schelske Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 30, 2016 , LexisNexis #0416-115

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?

ABI Membership is required to access the full summary of In re Jacobson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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?

ABI Membership is required to access the full summary of Cronk v. Oregon Credit & Collections Bureau Inc. (In re Cronk) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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

Buehler v. Dodd

Ruling
Creditor violated stay by failing to promptly take action to set aside postpetition restitution judgment.
Issue(s)
Did creditor violate the automatic stay by failing to take prompt action to set aside a postpetition judgment of restitution against the debtor?

ABI Membership is required to access the full summary of Buehler v. Dodd Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 28, 2015 , LexisNexis #0315-009

Charter v. Bennett (In re Bennett)

Ruling
Transfer of interest in land was avoidable although transferee could retain value given of satisfaction of antecedent debt.
Issue(s)
Was transfer of interest in land avoidable on grounds of actual or constructive fraud.

ABI Membership is required to access the full summary of Charter v. Bennett (In re Bennett) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 27, 2014 , LexisNexis #0214-098

In re Green

Ruling
Confirmation denied due to expense claims for vehicles purchased on credit under earlier plans without approval.
Issue(s)
Could debtor claim expenses for motor vehicle purchased without permission of trustee in prior bankruptcy case?

ABI Membership is required to access the full summary of In re Green Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 27, 2013 , LexisNexis #0913-102

In re Barnes

Ruling
Trustee could not employ judgment creditor's attorney as special counsel to pursue related claims.
Procedural posture

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.

ABI Membership is required to access the full summary of In re Barnes Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 16, 2013 , LexisNexis #0813-038