Of peace, (breach of peace,) and wounds. One of the kinds of criminal appeal ...
Bankruptcy Court for the District of Oregon Court Cases
In Re Carlin (2006)
This matter comes before the court on the Chapter 13 Trustee's (Trustee) and United States Trustee's (UST) objections to confirmation of the Debtor's Chapter 13 plan dated February 6, 2006. After briefing and oral argument, the matter was submitted to the court.
Court: Bankruptcy Court for the District of Oregon Docket: 06-60116
In Re Rosen (1995)
This is a proceeding to determine the dischargeability under 11 U.S.C. § 523(a)(8) of the debtor's obligation to repay plaintiff Plumbers Joint Apprenticeship and Journeyman Training Committee ("Training Committee") the costs of the debtor's participation in an apprenticeship program.
Court: Bankruptcy Court for the District of Oregon Docket: Bankruptcy No. 393-36103-elp7. Adv. No. 94-3018
In Re Ivory (1983)
This matter comes before the court on the objection of the Department of Veterans' Affairs ("DVA") to confirmation of the debtors' chapter 13 plan. The court considered the objection at the hearing on confirmation held on June 9, 1983.
Court: Bankruptcy Court for the District of Oregon Docket: Bankruptcy No. 383-00891
In Re Ford (1993)The plaintiff creditor had a viable objection to the debtor's receiving a discharge but was unable to timely pursue the objection because the debtor neither scheduled the debt nor notified the plaintiff of the bankruptcy until 19 months after the bankruptcy was filed. The plaintiff seeks a judgment declaring the debt nondischargeable under § 523(a)(3)(A), and denying the debtor's discharge under § 727. The United States intervened pursuant to 28 U.S.C. § 2403(a) because Constitutional [...]
Court: Bankruptcy Court for the District of Oregon Docket: Bankruptcy No. 390-30671-P7, Adv. No. 92-3227-P
In Re Stacy (1996)In this adversary proceeding, the U.S. Trustee ("UST") seeks to permanently enjoin defendant Robert Tank ("Tank"), a bankruptcy petition preparer, from assisting or advising any person in connection with the filing or prosecution of any bankruptcy case or any documents in any bankruptcy case. The UST also asks the court to fine Tank for violations of 11 U.S.C. § 110(f)(1), and requests that Tank turn over to the Chapter 7 trustee, for the benefit of debtors Susan and Edwin Stacy's estate, [...]
Court: Bankruptcy Court for the District of Oregon Docket: Bankruptcy No. 395-33618-elp7. Adv. No. 95-3471
In Re Stratton (2001)This matter comes before the court upon the trustee's objections to certain exemptions claimed by the debtor. The debtor claimed exemptions in two vehicles, a Mercedes and a 5th wheel trailer, and the Oregon homestead exemption in real property which is located in Lake Forest, California (the property). After a hearing, the trustee's objection was sustained as to the 5th wheel trailer; the debtor was allowed to claim her statutory exemption in the Mercedes. The issue of the homestead exemption [...]
Court: Bankruptcy Court for the District of Oregon Docket: 600-66349-AER7
In Re Work (1986)
The Plaintiffs are Chapter 13 debtors whose plan was confirmed on May 9, 1983. The Defendant, Douglas County, holds a real property tax lien pursuant to ORS 311.405, against the debtors' residence in the amount of $2,599.56 plus interest on the unpaid property taxes.
Court: Bankruptcy Court for the District of Oregon Docket: Bankruptcy No. 683-07140, Adv. No. 85-0660
The plaintiff trustee and the defendant, the First Interstate Bank of Oregon (hereinafter FIOR), have filed cross motions for partial summary judgment asking the court to decide whether the execution by Thomas Peterson and Gloria Peterson, insiders of the debtor, of a guarantee, which includes their waiver of certain rights, removes the attacked transfers from the one year time frame of 11 U.S.C. § 547(b)(4)(B). The position in which the parties find themselves is the result of the decision [...]
Court: Bankruptcy Court for the District of Oregon Docket: Bankruptcy No. 391-36468-S7, Adv. No. 92-3163-S
In Re Kragness (1986)
Rodney E. Lewis, Jr., Ragen, Roberts, O'Scannlain, Robertson & Neill, Portland, Or., Frank D. Gibson, Jr., Susan Titus, Hamilton, Gibson, Nickelsen, Rush & Moore, Honolulu, Hawaii, for Bishop Trust Co.
Court: Bankruptcy Court for the District of Oregon Docket: Bankruptcy No. 683-08423, Adv. No. 684-6067
The debtor-in-possession (hereinafter debtor) has filed a motion for an order to show cause why the Attorney General and two assistant attorneys general for the State of Washington (hereinafter Washington) should not be held in contempt for violation of the automatic stay provision of 11 U.S.C. § 362(a). This court must determine whether Washington's proceeding falls within either or both of the exceptions to that subsection described in 11 U.S.C. §§ 362(b)(4) and (5). If this court [...]
Court: Bankruptcy Court for the District of Oregon Docket: Bankruptcy No. 683-07420
This matter is before the court on the chapter 7 trustee's motion for partial summary judgment and the State of Oregon's Senior and Disabled Services Division of the Department of Human Resources' motion for summary judgment. Although through their supporting documents the parties have sniped at each other about certain facts the legally relevant facts are undisputed; consequently the primary legal issue is ripe for decision on the motions.
Court: Bankruptcy Court for the District of Oregon Docket: Bankruptcy No. 390-36679-P11
In Re Martin (1994)
This matter is before the court on cross-motions for summary judgment. The chapter 7 trustee claims that the Mellon Bank (hereinafter "Mellon") made an unauthorized postpetition transfer under 11 U.S.C. § 549 of estate property consisting of funds in a bank account. Mellon answered that prepetition the debtors (hereinafter "Martins") had executed an absolute irrevocable assignment in its favor of their interest in the claimed fund.
Court: Bankruptcy Court for the District of Oregon Docket: Bankruptcy No. 692-60344-H07. Adv. No. 692-6169-H
In Re Courtright (1986)
On October 28, 1985 the court held a hearing to value the security interest held by the Federal Land Bank (FLB) in the farm and improvements owned by the debtors. The debtors were represented by Laura J. Walker and FLB was represented by Bradley O. Baker.
Court: Bankruptcy Court for the District of Oregon Docket: Bankruptcy No. 385-00682(11)
In Re Pool (2006)
This matter came before the court on September 7, 2006, for a hearing on confirmation of the Debtors' proposed 2nd Amended Chapter 13 Plan Dated July 31, 2006 ("Plan"). All objections to confirmation had been resolved except the objection raised by Fred Meyer Employees Credit Union (hereinafter "Fred Meyer"). The Debtors were represented by Michael O'Brien. Fred Meyer was represented by Michelle Bertolino.
Court: Bankruptcy Court for the District of Oregon Docket: 306-30965-tmb13
The issue before me requires that I plunge further into the semantic briarpatch generally referred to as the Hanging Paragraph, added to § 1325(a) of the Bankruptcy Code by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"). Specifically, I must decide whether a creditor holds a purchase money security interest ("PMSI") for purposes of the Hanging Paragraph, where a portion of its debt represents financing of negative equity in a vehicle traded in by the [...]
Court: Bankruptcy Court for the District of Oregon Docket: 07-31717-rld13
In Re Fassinger (1996)
This matter came before the court on the United States Trustee's objection to fees generated by the debtor's attorney. The U.S. Trustee takes the position that the Bankruptcy Code as amended by the Bankruptcy Reform Act of 1994 does not authorize the payment of these fees in a Chapter 7 case.
Court: Bankruptcy Court for the District of Oregon Docket: Bankruptcy No. 395-31375-psh7
In Re Berry (1994)
The former Chapter 7 trustee in this case, Michael A. Grassmueck, Inc. has filed proof of claim # 7 in this case in the amount of $2,031.26 as an administrative expense claim. This matter comes before the court upon the debtor's objection to that claim.
Court: Bankruptcy Court for the District of Oregon Docket: Bankruptcy No. 693-60988-aer13
In Re Earnest (1984)
Two cases before the court require an interpretation of Oregon's homestead exemption statute, O.R.S. 23.240(2), within the context of debtors' exemptions claimed after the filing of chapter 7 petitions in bankruptcy.
Court: Bankruptcy Court for the District of Oregon Docket: Bankruptcy Nos. 682-07587, 682-07304
In Re Mason (1984)This matter came before the court upon the filing by the debtor of a complaint to recover funds garnished by the defendant/creditor. On August 7, 1984, the court conducted a pretrial conference at which the debtor's attorney, Robert J. Altman, and the creditor's attorney, Mark Gordon, appeared. At that conference, the parties agreed that the facts in this case were not disputed and consented to the submission of the case to the court for decision without a trial or further hearings. [...]
Court: Bankruptcy Court for the District of Oregon Docket: Bankruptcy No. 381-04180, Adv. No. 84-0284
In Re McUne (2006)Debtors filed bankruptcy under chapter 7 on December 23, 2005, after the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). The United States Trustee (UST) reviewed Debtors' filing and determined that, while a presumption of abuse pursuant to 11 U.S.C. 707(b)(2) did not arise, the case should nonetheless be dismissed pursuant to 707(b)(3) based on the "totality of the circumstances" of Debtors' financial situation and upon the UST's [...]
Court: Bankruptcy Court for the District of Oregon Docket: 05-75074-FRA7