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Summary: 175 B.R. 400 (1994) In re Jack S. COBURN, Candi L. Coburn, Debtors. This matter came before the court upon objections to confirmation of the debtors' chapter 13 plan by the State of Oregon, Adult and Family Services Division (creditor). The creditor is the holder of an allowed unsecured claim against one of the debtors, Candi Coburn. If the debtors budget showed they could pay $500 monthly to the trustee but the plan proposed to pay only $300 monthly, the plan could not be confirmed because of t......read more.


Summary: 335 B.R. 807 (2005) In re Zachary S. Feldmeier and Angela S. Feldmeier. This matter came before the court on a telephone evidentiary hearing on September 7, 2005, on the Motion of Debtors, Zachary Feldmeier and Angela Feldmeier, (hereinafter "Debtors") to Show Cause why Providian National Bank (hereinafter "Providian") and the Lenahan Law Firm (hereinafter "Lenahan") should not be held in contempt of court based on their alleged violation of the discharge injunction provided by 11 U.S.C. § 524. ......read more.


Summary: 62 B.R. 937 (1986) In re Vivian E. CROOK, aka Vivian Lounsbury Crook, dba Elk Creek Farms, Debtor. This matter came before the court upon an application for an order authorizing the appointment of Boies and O'Rourke of Los Angeles, California as attorneys for the debtor in possession. The affidavit accompanying the application indicates that Mr. Boies, of the applicant firm, was hired by the debtor in possession through her local counsel. Mr. Boies was asked to represent the debtor in possession......read more.


Summary: 3 B.R. 430 (1980) In re Patricia Jean BERRY, aka Patricia Jean Canaday, Bankrupt. ADULT & FAMILY SERVICES DIVISION OF the STATE OF OREGON, Plaintiff, v. Patricia Jean BERRY, aka Patricia Jean Canaday, Defendant. The defendant contends that by plea bargaining by an agent of the State of Oregon, the District Attorney for Linn County in which a court ordered sum of restitution was a condition of the sentence imposed in a criminal proceeding, the sum fixed became res adjudicata, that the amount requ......read more.


Summary: 27 B.R. 34 (1982) In re GREEN VALLEY SEEDS, INC., Debtor. The fourth cause of action alleges that defendants David Riddell and Christy Riddell, as officers of the debtor corporation, Green Valley Seeds, Inc. ("Green Valley"), authorized an assignment of certain seed contracts to defendant Western Agricultural Improvement Inc. ("Western Ag") for inadequate consideration and/or with the intent to hinder, delay or defraud the creditors of Green Valley and benefit themselves.


Summary: 156 B.R. 660 (1993) In re Richard K. LOKEN and Shelly R. Fox-Loken, Debtors. In this adversary proceeding the trustee seeks to avoid as a preferential transfer the defendant's security interest in the debtors' motor vehicle. On October 19, 1991, within the 90 day preference period, debtor, Shelley Fox-Loken, purchased a car from the defendant, signing a promissory note, granting it a purchase money security interest in, and taking possession of, the vehicle. See 2 J. White & R. Summers, Uniform ......read more.


Summary: 249 B.R. 555 (2000) In re Patricia J. WOLLIN, Debtor. On that same day, Patricia Wollin (Wollin) also filed a Chapter 13 petition. [2] Wollin: On April 30, 1988 OFCU gave Wollin a $2,000.00 line of credit. On July 17, 1996 OFCU gave Wollin a $9,000.00 advance pursuant to a "LoanLiner Application and Credit Agreement" and an "Advance Request Voucher and Security Agreement." [3] To secure the loan, Wollin gave OFCU a security interest in the Probe. Compare Community Bank, supra (loan to satisfy ov......read more.


Summary: 176 B.R. 910 (1994) In re Ronald C. GIBSON, Debtor. Ronald C. GIBSON, Plaintiff, v. UNITED STATES of America; Internal Revenue Service; Environmental Protection Agency; Department of Housing and Urban Development, Defendants. The plaintiff is a Chapter 13 debtor in bankruptcy court. In re Pinkstaff, 974 F.2d 113, 115 (9th Cir.1992) (quoting United States v. Bulson 117 B.R. 537, 541 (9th Cir. It is not uncommon for a governmental agency which has filed a proof of claim in bankruptcy to request co......read more.


Summary: 177 B.R. 679 (1994) In re SPROUSE-REITZ STORES, INC., Debtor. The common issue presented is whether the unpaid priority tax claims which were allowed in the debtor's first chapter 11 ("Sprouse I") retained their priority character in this chapter 11 case ("Sprouse II").


Summary: 27 B.R. 79 (1983) In re Joe William ENCINAS, Anne Faye Encinas, Debtor(s). 11 U.S.C. § 541(d) states: "Property in which the debtor holds, as of the commencement of the case, only legal title and not an equitable interest ... becomes property of the estate under subsection (a) of this section only to the extent of the debtor's legal title to such property, but not to the extent of any equitable interest in such property that the debtor does not hold."


Summary: 217 B.R. 291 (1998) In re Kathleen Patricia STURGILL, Debtor. — Except as otherwise provided in this section, the determination of whether or not any amount paid or incurred by the estate — (A) is allowable as a deduction or credit under this chapter, or (B) is wages for purposes of subtitle C, shall be made as if the amount were paid or incurred by the debtor and as if the debtor were still engaged in the trades and businesses, and in the activities, the debtor was engaged in before commencemen......read more.




Summary: 6 B.R. 85 (1980) In Re Michael LITTELL, Nancy Jean Littell, Debtors. Michael LITTELL, Nancy Jean Littell, Plaintiffs, v. STATE OF OREGON acting By and Through the STATE BOARD OF HIGHER EDUCATION for and on behalf of Portland State University and State of Oregon acting by and through the State Scholarship Commission, Defendants. Nancy Jean Littell had obtained two loans-one National Direct Student Loan for approximately $2,800.00 and a guaranteed student loan for $750.00. At the time the debtors ......read more.


Summary: 57 B.R. 476 (1985) In re SILVER WHEEL FREIGHTLINES, INC., Debtor. The Board based liability on the unfunded vested pension benefits which the debtor must pay as a result of the post-chapter 11 termination by the debtor of its participation in a multi-employer pension fund required by a collective bargaining agreement. at 1759; Securities and Exchange Commission v. United Financial Group, Inc., 576 F.2d 217, 222-23 & n. 13 (9th Cir.1978); or to principal pension contribution payments granted prio......read more.


Summary: 4 B.R. 147 (1980) In re Gordon HAWLEY and Patricia Hawley, Debtors. Gordon HAWLEY and Patricia Hawley, Plaintiffs, v. AVCO FINANCIAL SERVICES OF OREGON, INC., an Oregon Corporation, Defendant. Plaintiffs Gordon and Patricia Hawley, joint debtors in a bankruptcy filed with this court on November 21, 1979, served a "Complaint for the Release of Security Interest" on Defendant-Avco Financial Services of Oregon in an effort to avoid Avco's nonpossessory, nonpurchase-money security interest in "house......read more.


Summary: 135 B.R. 404 (1992) In re K & M PRINTING & LITHOGRAPHING, INC., and Pro Actionwear, Inc., Debtors. M.D.Fla.1990) and In re Wetmore, 117 B.R. 201 (Bankr.W.D.Penn.1990) to support his position that the UST's fees should not be accorded the same priority as Chapter 7 administrative expense claims for distribution and that they should only be allowed as non-priority unsecured claims. (emphasis added) 11 U.S.C. § 726 in pertinent part: (a) . . ., property of the estate shall be distributed — *406 (1)......read more.


Summary: 255 B.R. 324 (2000) In re Sergio CORTEZ and Georgina Rojas Soto, Debtors. Sergio Cortez and Georgina Rojas Soto (the "Debtors") set this matter in motion by filing a chapter 7 bankruptcy petition on August 19, 1999. The Trustee presided over the Debtors' First Meeting of Creditors on November 4, 1999, at the U.S. Trustee's office in Portland, Oregon, and had an opportunity to examine, and did examine, the Debtors concerning their assets and liabilities. On November 18, 1999, the court entered an......read more.


Summary: 233 B.R. 493 (1999) In re COTTAGE GROVE HOSPITAL, Debtor-in-possession. BACKGROUND The Debtor-in-possession (Debtor) has commenced this adversary proceeding seeking a declaration that the Rural Utility Service (RUS), an agency of the United States Department of Agriculture and successor to FmHA, does not have a perfected security interest in the Debtor's accounts. In order to perfect its security interest in the Debtor's personal property described above, the FmHA filed a UCC Financing Statement......read more.


Summary: 56 B.R. 167 (1985) In re Henry Lee FEIEREISEN, aka Hank Feiereisen, Debtor. The debtor and Hank's Print Shop, Inc. filed voluntary petitions for relief under Chapter 7 of 11 U.S.C. (the Bankruptcy Code) on May 1, 1981. Defendant argues that he succeeds to the debtor's interest in the debtor's property as of the date of reconversion and that subsequent acts of wrongdoing by the debtor are not attributable to him, nor do they bind the estate.


Summary: 54 B.R. 485 (1985) In re WILLAMETTE TIMBER SYSTEMS, INC. an Oregon corporation, Debtor. A Chapter 7 trustee's objection to an application for attorney's fees filed by the attorney for the former debtor-in-possession raises two issues which are addressed by a written Oregon bankruptcy court opinion for the first time. Willamette Timber Systems, Inc., filed a Chapter 11 proceeding on November 4, 1982. On December 3, 1984 after conversion of the case to Chapter 7, this court entered an order pursua......read more.