Case law

Szanto v. Internal Revenue Service (In re Szanto)

574 B.R. 862 · United States Bankruptcy Court, D. Oregon · Jun 13, 2017

However, “the right to sue as established by Bivens is qualified and is not absolute.” Adams v. Johnson, 355 F.3d 1179, 1183 (9th Cir. 2004). … . § 106 governs sovereign immunity as it applies in bankruptcy.

Gibson v. United States (In Re Gibson)

176 B.R. 910 · United States Bankruptcy Court, D. Oregon · Oct 5, 1994

Clearly, by filing its proof the Internal Revenue Service falls within the parameters of the statutory waiver of either § 106(a) or (b). … It had no reason to raise the issue of immunity.

Sato v. Hanlon (In re Hanlon)

557 B.R. 801 · United States Bankruptcy Court, D. Oregon · Aug 15, 2016

Contrary to Plaintiffs conclusory argument, the Court could find no authority which holds that common-law domestic partners are “married” or qualify as each other’s spouses. … App. 451, 455 , 773 P.2d 394, 396 (1989) (privilege and immunities clause), within the relevant time-frame.

Bishop v. Cates (In Re Cates)

73 B.R. 874 · United States Bankruptcy Court, D. Oregon · May 20, 1987

In In re West, 64 B.R. 738 (Bankr.D.Or.1986), this Court held that a debtor’s interest in an E.R.I.S.A. qualified plan is immune from the trustee’s reach only if that interest is subject to a spendthrift clause that is enforceable … The fact that the trust mechanism was established by the employer does not make the employer the settlor of the trust.

In Re WCI Cable, Inc.

282 B.R. 457 · United States Bankruptcy Court, D. Oregon · Jun 27, 2002

Moreover, he did not assemble either qualified employees or a qualified board who would be able to take the company into its next phase of operations.” Id. at 24. … However, the Alaska Railroad Corporation has clearly and unequivocally waived any defense based on sovereign immunity to allow me to hear and decide its objection to the WCI Plan.

In Re McVay

150 B.R. 254 · United States Bankruptcy Court, D. Oregon · Jan 15, 1993

This court agrees that if the property qualifies as the debtors’ homestead under Oregon law, it may also qualify as their “principal residence” for the purpose of § 1322(b)(2). … The debtors are actually using the property as a bed and breakfast establishment for the purpose of generating income. The property clearly has inherent income producing power which the debtors are utilizing.

In Re Jennings

306 B.R. 672 · United States Bankruptcy Court, D. Oregon · Jan 8, 2004

If this distress alone were sufficient to make the obligation one of support, then virtually all claims between former spouses might qualify. This was not Congress’s intent. … . § 507 (a)(7) clearly limits priority to payments which are, in fact, needed for support. The record in this case does not sustain a finding that the claim so qualifies.

Ray v. Oregon Ex Rel. Construction Contractors Board (In Re Ray)

355 B.R. 253 · United States Bankruptcy Court, D. Oregon · Nov 29, 2006

The movant has the burden of establishing that there is no genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986). … Accordingly, trial will be held regarding damages, and the defense of qualified immunity by Defendants Smith and Harkins which was alluded to in Defendants’ memo in support.

In Re Earnest

42 B.R. 395 · United States Bankruptcy Court, D. Oregon · Jul 23, 1984

not qualify for the exemption. … Clearly the purpose of the time limits under both Bankruptcy Rule 2 and Bankruptcy Rule 4003 is to encourage early determination of exemption questions so all parties may then freely pursue their rights with regard to the

In Re West

64 B.R. 738 · United States Bankruptcy Court, D. Oregon · Sep 3, 1986

In this case, it is sufficient that the Debtor did not exercise dominion over the trust funds in a manner inconsistent with the purpose of the spendthrift trust and the Debtor, the settlor, and the trustee *744 are clearly … Two tests have been established by the courts to determine whether a specific plan falls within the ORS 23.170 exemption. First, the person .granting the trust must be different from the person granted the trust.

Oregon Ex Rel. Frohnmayer v. Lacy (In Re Lacy)

74 B.R. 23 · United States Bankruptcy Court, D. Oregon · Mar 31, 1987

The court concluded that the statute did not afford the state a right to payment as required under § 101(4) and § 101(12) to qualify as a creditor vis a vis the § 523(a)(2) claim. … While the doctrine of parens patriae is available to confer standing upon a state in an action at common law, or in an instance where the class of plaintiffs is not clearly delineated by statute, it should not be used to

In re Culpepper

481 B.R. 650 · United States Bankruptcy Court, D. Oregon · Nov 5, 2012

Culpepper that she did not qualify for a loan modification. See Exhibit 9, p. 1. During each Transcribed Call, Ms. … Culpepper was informed that she did not qualify for a Loan modification.

Roost v. General Motors Acceptance Corp. (In Re Boyer)

212 B.R. 975 · United States Bankruptcy Court, D. Oregon · Sep 18, 1997

BAP 1994) the court held that a security interest which was perfected outside the 10 day grace period 4 (in that case the 12th day) did not qualify for the enabling loan defense provided under § 547(c)(3). … In some instances, the period of time could be as short as 17 days, clearly abridging rights provided by Congress in enacting § 547(e)(3).

In Re Willamette Timber Systems, Inc.

54 B.R. 485 · United States Bankruptcy Court, D. Oregon · Oct 30, 1985

Bankruptcy Rule 3002(c) and 9006(b)(3) when read together clearly enunciate a policy that under the circumstances described in Rule 3002(c) the court, unless the facts fall within a listed exception of 3002(c), may not extend … satisfied all the criteria for employment pursuant to 11 U.S.C.A. § 327 (West 1979) and Rule 215 [now 2014(a)] of the Federal Rules of Bankruptcy Procedure at or before the time services were actually commenced and remained qualified

In Re Fredricksen

325 B.R. 302 · United States Bankruptcy Court, D. Oregon · Apr 11, 2005

The facts of this case are clearly distinguishable from those of Ho. … Furthermore, you have not verified that you paid or incurred these expenses for a qualified business purpose.

Roost v. Timber Components, Inc. (In Re Tyee Timbers, Inc.)

139 B.R. 520 · United States Bankruptcy Court, D. Oregon · Apr 14, 1992

The plaintiff is the duly qualified and acting trustee in this bankruptcy proceeding. The defendant is a Washington corporation. … CONCLUSION In this case, the debtor’s Articles of Incorporation clearly provided that the preferred stock was non-voting.

Sticka v. Anderson (In Re Anderson)

165 B.R. 482 · United States Bankruptcy Court, D. Oregon · Mar 21, 1994

DISCUSSION 2 There are five elements to an action to avoid a transfer as preferential under § 547. 3 The parties agree that all but one of *485 those elements has been established. … “Who will qualify as an insider must be held as a question of fact.” Miller v. Schuman (In re Schuman), 81 B.R. 583, 586 (9th Cir. BAP 1987) 9 .

Gordon C. York, Inc. v. Kragness (In Re Kragness)

58 B.R. 939 · United States Bankruptcy Court, D. Oregon · Mar 26, 1986

York, Inc., is the duly appointed and qualified trustee of the bankruptcy estate of Rodney B. Kragness and Aileen R. Kragness. … Robinson Trust was established by the Last Will and Testament of J. Lawrence P. Robinson, which was admitted to probate in Hawaii on February 6, 1947. 10.

In Re Rice

224 B.R. 464 · United States Bankruptcy Court, D. Oregon · Aug 18, 1998

The exemptions under .subsections (B) and (C) of O.R.S. 23.160(1)© clearly provide a debtor with an exemption only in a “payment” of a stated amount. … The proponent of the doctrine has the burden of establishing that materials fall within its purview. Sandberg v. Virginia Bankshares, Inc., 979 F.2d 332, 335 (4th Cir.1992).

In Re Sugar Pine Ranch

100 B.R. 28 · United States Bankruptcy Court, D. Oregon · Apr 28, 1989

Clearly, this act is designed to protect workers while excluding certain types of agricultural laborers from its coverage. … Willis live on the farm and have an established way of life in raising crops and livestock.