Bankruptcy Court for the Western District of Washington Court Cases

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  1. In Re Henry (2004)

    This matter came before the Court on the debtors' various objections to claims filed by creditors in the above case. The debtors commenced this case under Chapter 13 of the Bankruptcy Code on November 23, 2003. The table below summarizes the claims that are at issue. The debtors contend that these claims are not supported by sufficient evidence of the existence of a debt and therefore do not meet the requirements of the Code and Rules.[1] Each claim consists of the standard proof of claim form [...]

    Court: Bankruptcy Court for the Western District of Washington Docket: 03-2510
  2. In Re Sedro-Woolley Lumber Co., Inc. (1997)

    This matter is before the Court on remand from the District Court to determine the amount of postconfirmation fees owed by the debtors to the United States Trustee pursuant to 28 U.S.C. § 1930(a)(6). The Court has already rendered its oral ruling, and the appropriate orders have been entered. At the request of the United States Trustee, the Court has agreed to publish those portions of its ruling which pertain to the statute,


    Court: Bankruptcy Court for the Western District of Washington Docket: Bankruptcy Nos. 91-00707 through 91-00721, 91-00736 through 91-00741, 91-00752 through 91-00756, 91-00773 through 97-00778, and 91-01140 through 91-01149
  3. In Re Paramount Plastics, Inc. (1994)

    This matter is before the Court on the defendant's motion for summary judgment of dismissal of the plaintiff's preference action. The primary issue, one of first impression in this District, is whether the debtor may pursue preference claims postconfirmation, where the plan contains no reservation of rights or retention of jurisdiction to prosecute such actions.


    Court: Bankruptcy Court for the Western District of Washington Docket: Bankruptcy No. 93-03857. Adv. No. A93-09803
  4. In Re Jacobson (2009)

    Before the court is a motion for relief from the automatic stay of § 362(a)[1] to enforce a deed of trust on the Debtors' residence. As it was neither brought in the name of the real party in interest, nor by anyone with standing, the motion for relief from stay will be DENIED.


    Court: Bankruptcy Court for the Western District of Washington Docket: 08-45120
  5. In Re Demarest (1995)

    In September, 1991, the debtors entered into a purchase and sale agreement for the sale of their Tacoma home to Charlaine and Richard Boyce. The agreement required the debtors to convey clear title to the property. The title was encumbered by a deed of trust in favor of Meridian Mortgage, successor to Citizens' Federal Savings and Loan Association. According to the debtors, they disclosed the Meridian deed of trust on the purchase and sale agreement. However, Rainier Title Company, which [...]

    Court: Bankruptcy Court for the Western District of Washington Docket: Bankruptcy No. 94-01292. Adv. No. A94-04841
  6. In Re Ellwanger (1992)

    A. Jurisdiction: Whether the Bankruptcy Court has jurisdiction over a malpractice claim which arises out of legal representation both pre- and post-petition, but which became irremediable, and therefore accrued under state law, post-petition,


    Court: Bankruptcy Court for the Western District of Washington Docket: Bankruptcy No. 84-31238, Adv. No. 92-31705
  7. In Re Hinkle (1996)

    The debtor commenced this adversary proceeding to determine the dischargeability of student loans. The complaint identifies loans made by defendants Whitworth College, Wheaton College, and Sallie Mae.[1] All of the defendants were served and answered. Whitworth and Wheaton did not appear at the pretrial conference or at the trial. NELA is the real party in interest on the Sallie Mae loans.


    Court: Bankruptcy Court for the Western District of Washington Docket: Bankruptcy No. 95-08048. Adversary No. A96-00910
  8. In Re Kandu (2004)

    This matter came before the Court pursuant to an Order to Show Cause for Improper Joint Filing under 11 U.S.C. § 302. Based on the arguments presented and considering the pleadings submitted, the Court's findings of fact and conclusions of law are as follows:


    Court: Bankruptcy Court for the Western District of Washington Docket: 03-51312
  9. In Re MS Freight Distribution, Inc. (1994)

    In this matter, Pacific Northwest Group A ("PNGA") seeks allowance and payment of an administrative claim under 11 U.S.C. § 365(d)(3)[1]. The claim arises out of the debtor's rejection of a Lease Agreement, dated February 1, 1993 (the "Lease"), between the debtor as lessee and PNGA as lessor. PNGA claims that under Section 365(d)(3) it is entitled to payment of all rent accrued under the Lease to the date of rejection, together with late fees, interest, common area maintenance expenses ("CAM [...]

    Court: Bankruptcy Court for the Western District of Washington Docket: Bankruptcy No. 94-05071
  10. In Re New England Fish Co. (1983)

    In a case under chapter 7 or 11, the court may allow reasonable compensation under section 330 of this title of the trustee for the trustee's services, payable after the trustee renders such services, not to exceed fifteen percent on the first $1,000 or less, six percent on any amount in excess of $1,000 but not in excess of $3,000, three percent on any amount in excess of $3,000 but not in excess of $20,000, two percent on any amount in excess of $20,000 but not in excess of $50,000, and one [...]

    Court: Bankruptcy Court for the Western District of Washington Docket: 80-00864
  11. In Re Boggs (1992)

    Richard and Cassandra Boggs filed for relief under Chapter 13 of the Bankruptcy Code[1] on 28 August 1990. They completed their continued § 341(a) meeting on 8 November 1990, and an Order confirming their Chapter 13 Plan was entered 15 November 1990.


    Court: Bankruptcy Court for the Western District of Washington Docket: Bankruptcy No. 90-33139
  12. In Re EA Nord Co., Inc. (1987)

    The debtor, E.A. Nord, was a party to a collective bargaining agreement with LPIW Local 1054 which expired in June of 1983, at which time Nord ceased making contributions to the Western Council LPIW-Timber Operators Council Pension Fund (the Fund). Thereafter the Fund assessed a withdrawal liability against Nord in the sum of $3,664,501.51. Nord contested the liability and on December 11, 1985, initiated an arbitration proceeding under the Employment Retirement Security Act, 29 U.S.C. § 1401 [...]

    Court: Bankruptcy Court for the Western District of Washington Docket: Bankruptcy No. 86-01113
  13. In Re Talley (2008)

    THIS MATTER came before the Court on May 15, 2008, on the United States Trustee's (Trustee) Motion to Dismiss Pursuant to § 707(b). A response was filed by Patrick Talley (Debtor). At the conclusion of the hearing, the Court took the matter under advisement. This Memorandum Decision shall constitute Findings of Fact and Conclusions of Law as required by Fed. R. Bankr.P. 7052. This is a core proceeding under 28 U.S.C. § 157(b)(2).


    Court: Bankruptcy Court for the Western District of Washington Docket: 07-44351
  14. In Re Stack Steel & Supply Co. (1983)

    Under Washington statute, RCW 84.60.020, a lien is created on the date of assessment, i.e., listing and valuation, of a personal property tax. On June 24, 1981, July 14, 1981, August 6, 1981 and November 23, 1981 the King County assessor listed and valued certain parcels of personal property of Stack Steel & Supply Co. (hereinafter, the "debtor") for taxes payable for the year 1982. On March 31, 1981 and March 26, 1982, the Spokane County assessor listed and valued certain parcels of [...]

    Court: Bankruptcy Court for the Western District of Washington Docket: Bankruptcy No. 82-01721
  15. In Re New England Fish Co. (1982)

    The plaintiffs, Ocean Beauty Alaska, Inc., (hereinafter "Ocean Beauty") and the trustee for the debtor, New England Fish Company (hereinafter "NEFCO"), have moved for summary judgment and for partial summary judgment authorizing sale of property free and clear of certain civil rights or Title VII claims being made against the NEFCO estate.


    Court: Bankruptcy Court for the Western District of Washington Docket: Bankruptcy No. 80-00864, Adv. No. 80-0649
  16. In Re Houghton (1994)

    The plaintiffs have filed a dischargeability complaint against the defendants/debtors under § 523(a) of the Bankruptcy Code and have named as defendants John Boylan and Jane Doe Boylan who are non-debtors. The Boylans have moved to dismiss for lack of subject matter jurisdiction.


    Court: Bankruptcy Court for the Western District of Washington Docket: Bankruptcy No. 93-03176. Adv. No. A93-08880
  17. In Re Raymond (1994)

    The plaintiff/debtor here seeks to discharge his student loans under 11 U.S.C. § 523(a)(8)(B). That section permits the Court to order discharge of a student loan if excepting the loan from discharge would impose an undue hardship on the debtor and the debtor's dependents.


    Court: Bankruptcy Court for the Western District of Washington Docket: Bankruptcy No. 93-00355. Adv. No. A93-04747
  18. In Re Doud (1983)

    This matter came on regularly for hearing upon the joint motion of Union Bank and the debtor for a determination of the effect of the Order Granting Relief from Automatic Stay entered February 23, 1983. Parker Cann and John E. Sloan appeared on behalf of plaintiff, United Mutual Savings Bank, David J. Manger appeared on behalf of Union Bank, and Noel P. Shillito appeared on behalf of the debtor.


    Court: Bankruptcy Court for the Western District of Washington Docket: Bankruptcy No. 83-00021T, Adv. No. A83-0069
  19. In Re Parkwood Realty Corp. (1993)

    This matter is before the Court on the motion of Parkwood Lakes, Inc., for an Order requiring the debtor to surrender, pursuant to the Parkwood Lakes Shareholders Agreement, all of its shares of Parkwood Lakes for $3,330, or alternatively for relief from the automatic stay for the purpose of pursuing its remedy in State Court.


    Court: Bankruptcy Court for the Western District of Washington Docket: 92-00152
  20. In Re Video Depot, Ltd. (1995)

    Prior to filing, the debtor sold consumer electronic goods, at both retail and wholesale. Jeffrey Arlynn was the debtor's sole officer, director, and shareholder. Arlynn was an active gambler with lines of credit at various Las Vegas casinos, including defendant, the Las Vegas Hilton.


    Court: Bankruptcy Court for the Western District of Washington Docket: Bankruptcy No. 90-06278. Adv. No. A92-08565

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