Case law

Lee v. Nationstar Mortgage LLC

United States Bankruptcy Court, D. Oregon · Aug 1, 2019

Therefore, for purposes of ruling on the motion to dismiss, I will assume that the 2016 property taxes qualify as a prepetition claim. … For the reasons discussed above, the facts alleged by Plaintiff clearly show that she has no legitimate claim that Defendant violated § 362.

James Andrew Bussmann

United States Bankruptcy Court, D. Oregon · Mar 31, 2023

The Sisters argue that Debtor is not eligible for chapter 12 relief, because he does not qualify as a family farmer because a majority of his debts did not arise out of a farming operation. … The operations included growing and harvesting the cranberry crop, clearly farming operations. The state court judgment reads: Defendant James A.

Dyllan Schawn Wright and Annie Maxine Wright

United States Bankruptcy Court, D. Oregon · Sep 29, 2020

Ride-through After BAPCPA Debtors have not expressly asked for a ruling that they qualify for ride-through. … The court continued: If the debtor qualifies for the exception, then it seems that the result would be the same as pre-BAPCPA ride-through.

State of Oregon, Department of Human Services v. Hutchins

United States Bankruptcy Court, D. Oregon · Mar 23, 2021

It is well established that bankruptcy courts do not possess a roving commission to do equity. … Having found that the evidence establishes an intentional omission, I turn next to Ms.

Peter Szanto - Adversary Proceeding

United States Bankruptcy Court, D. Oregon · Mar 18, 2020

I concluded that the Court lacked subject matter jurisdiction over 6 the counterclaims against Plaintiff based on sovereign immunity, there is 7 no right to a jury trial in a § 727 action, and Debtor’s refusal … Debtor 10 clearly knew that his bankruptcy schedules were not true and correct when 11 he testified at the Rule 341 meeting of creditors.

Mitchell v. Kruckenberg

United States Bankruptcy Court, D. Oregon · Mar 27, 2024

Inventory reserves “are established to reflect situations in which cost of the inventory, principally stone slab remnants, is not expected to be recovered.” … I was not asked then to decide that Kruckenberg was immune from liability for the payments nominally made to Santiago.