MEMORANDUM OPINION 1 PETER C. McKITTRICK , Bankruptcy Judge . The United States Trustee (Plaintiff or the UST) filed a complaint to deny Peter Szanto (Debtor) a discharge under 11 U.S.C. 727. 2 18-3022-pcm, Doc. 1. For the reasons set forth below, Debtor will be denied a discharge. Procedural Background Plaintiff commenced this adversary proceeding approximately two years ago, in early March of 2018. Adv. P. 18-3022-pcm, Doc. 1 (the Complaint). Debtor filed a document in response to...
MEMORANDUM OPINION 1 PETER C. McKITTRICK , Bankruptcy Judge . Defendants have filed two motions for attorney fees in this adversary proceeding. First, on May 31, 2018, they filed an Application for Attorney's Fees. Doc. 387. This followed the court's entry of judgment against plaintiff after defendants were granted summary judgment on all of plaintiff's claims. Second, on December 11, 2019, they filed their Second Motion for Attorney's Fees, seeking all fees incurred in this adversary...
NOT FOR PUBLICATION MEMORANDUM DECISION ON DEBTOR'S OBJECTION TO CLAIM 4 OF KAREN J. PARK DAVID W. HERCHER , Bankruptcy Judge . I. Introduction Debtor, John Wilson Buehler, has objected 1 to the proof of claim filed by Karen J. Park for $87,539.85. For the reasons that follow, I will allow the claim as a nonpriority claim for $16,157.52, the portion of the claim attributable to the tax debt to the Oregon Department of Revenue, and disallow the balance of the claim, which is...
MEMORANDUM OPINION 1 THOMAS M. RENN , U.S. Bankruptcy Judge . Trustee, Candace Amborn, filed her Amended Complaint to avoid the transfer of Debtors' commercial real property located at 8401 Rogue River Highway, in Grants Pass, Oregon (Property), to their daughter Angela Taylor. Trustee argues that the transfer is avoidable pursuant to 11 U.S.C. 544(b) by application of 3304 of the Federal Debt Collection Procedure Act (FDCPA). 2 She also seeks a determination under 11 U.S.C. 541...
OPINION AND ORDER RE: MOTION FOR ATTORNEY FEES TRISH M. BROWN , Bankruptcy Judge . This matter came before the court on a Motion for Attorney Fees (the " Motion ," ECF No. 83) filed by Debtor Doug Pickett. The parties are familiar with the background of this case, so I will only recount the essential material facts: plaintiff Dennis' Seven Dees Landscaping, Inc. (" DSDL ") filed a prepetition suit alleging nine claims against Debtor (who was DSDL's former employee). Declaration of David A....
NOT FOR PUBLICATION MEMORANDUM OPINION 1 TRISH M. BROWN , Bankruptcy Judge . This matter came before the court on a Motion to Dismiss Adversary Proceeding (the "Motion," ECF No. 3) filed by Defendants in the above-captioned proceeding. Debtor failed to respond to the Motion. The complaint filed by Debtor alleges that Defendants violated the automatic stay by seeking and enforcing a default judgment against Tracey Baron, RenX Group, LLC, and Turning Leaf Homes, LLC. Complaint (ECF No. 1)...
NOT FOR PUBLICATION MEMORANDUM DECISION DAVID W. HERCHER , Bankruptcy Judge . I. Introduction In this action, the Department of Human Services of the State of Oregon requests a determination that public-assistance benefit overpayments it made to debtor, Mohamed Jassem Alshemary, are nondischargeable under 11 U.S.C. 523(a)(2)(A) and (B). For the reasons, that follow, I agree and will enter judgment for the department. II. Facts In their Agreed Facts and Issues of Law 1 (Agreed Facts),...
NOT FOR PUBLICATION MEMORANDUM OPINION 1 TRISH M. BROWN , Bankruptcy Judge . This adversary proceeding came before the court for trial beginning on September 16, 2019, and concluding on September 19, 2019. Plaintiff Dennis' Seven Dees Landscaping, Inc. ("DSDL") was represented by David Hosenpud; Debtor Doug Tison Pickett was represented by Darien Loiselle and David Anderson. DSDL asserted eight claims against Debtor. Complaint, ECF No. 1. Prior to the trial, I granted summary judgment in...
OPINION THOMAS M. RENN , U.S. Bankruptcy Judge Plaintiff filed this adversary proceeding to obtain a determination that his debt to Defendant, the United States Department of Education, for a loan consolidating several educational loans is dischargeable under 11 U.S.C. 523(a)(8). 1 The parties presented evidence at trial on April 16, 2019. Following closing arguments, I asked Defendant to file a supplemental brief regarding Plaintiff's status in his income-based repayment plan (IBRP),...
MEMORANDUM DECISION PETER C. McKITTRICK , U.S. Bankruptcy Judge This adversary proceeding tells a far too common story of the plight of a professional swallowed by massive student loan debt, much of which she has no hope of repaying during her lifetime. In 2005, when Leslie Nitcher ("Nitcher") enrolled in law school, it was with the hope and expectation her advanced degree would lead to a legal career at a level of compensation commensurate with the standard of living that lawyers...
TRISH M. BROWN , Chief Bankruptcy Judge . David G. Hosenpud Darien S. Loiselle Lane Powell PC Schwabe, Williamson & Wyatt, P. C. 601 SW Second Ave., Suite 2100 1211 SW Fifth Ave., Suite 1900 Portland, OR 97204 Portland, OR 97204 Re: Dennis' Seven Dees Landscaping v. Pickett, Adv. Proc. No. 19-3004-tmb Evidentiary Motions Dear Counsel: I have received Debtor Doug Pickett's Evidentiary Motions (the "Pickett Motion," ECF No. 53) and...
NOT FOR PUBLICATION MEMORANDUM OPINION 1 TRISH M. BROWN , Bankruptcy Judge . This matter came before the court on Debtor Doug Pickett's Motion for Summary Judgment (the " Motion ," ECF No. 26). The court heard oral arguments on the Motion on August 5, 2019. Debtor was represented at the hearing by David Anderson and Darien Loiselle; plaintiff Dennis' Seven Dees Landscaping, Inc. (" DSDL ") was represented by David Hosenpud. I have carefully considered the memoranda, arguments, and...
NOT FOR PUBLICATION MEMORANDUM OPINION 1 TRISH M. BROWN , Bankruptcy Judge . This matter came before the court on July 17, 2019 for an evidentiary hearing concerning Debtor Melody Dawn Taylor's proposed chapter 13 plan (ECF No. 30), and the motion for relief from stay filed by creditor Frederick W. Kreidler IRA, LLC (ECF No. 37). Debtor was represented at the hearing by Ted Troutman; the Kreidler IRA and Anne Marie Kreidler (collectively, the " Objecting Creditors ") were represented by...
PETER C. McKITTRICK , Bankruptcy Judge . Beverlyann Lee 3457 NE Couch St. Portland, OR 97232 James P. Laurick (via ECF) Kilmer Voorhees & Laurick PC 732 NW 19th Ave. Portland, OR 97209 Re: Lee v. Nationstar Mortgage LLC , Adv. No. 19-3019-pcm Defendant's Motion to Dismiss (Doc. 12) Dear Ms. Lee and Mr. Laurick: The purpose of this letter is to rule on the motion to dismiss filed in the above captioned adversary proceeding by Nationstar Mortgage, LLC, d/b/a/ Champion Mortgage Company (...
NOT FOR PUBLICATION MEMORANDUM DECISION DENYING DEFENDANT'S MOTION TO DISMISS [20] DAVID W. HERCHER , Bankruptcy Judge . I. Introduction The plaintiff, Edward Hickam, is the debtor in this chapter 13 case. The defendant, Robert Westphal, has moved to dismiss this action. 1 For the reasons that follow, I will deny the motion. II. Background A. Main-case events On August 18, 2017, Hickam filed the chapter 13 petition initiating this case. 2 On January 19, 2018, I confirmed his...
TRISH M. BROWN , Bankruptcy Judge . Justin Steffen Laura L. Donaldson Steffen Legal Services, LLC Kuni Donaldson, LLP 2015 SE Spokane St. #300 1975 SW First Ave., Ste. H Portland, OR 97202 Portland, OR 97201 Re: In re Kelly Harumi French, Case No. 15-33301-tmb7 Motion for Attorney Fees Dear Counsel: This matter stems from a proof of claim filed by Justin Steffan, who successfully defended creditor Cathy Bennett against a prepetition state-...
OPINION TRISH M. BROWN , U.S. Bankruptcy Judge . This matter came before the court on a motion for summary judgment (the " Motion ," ECF No. 16) filed by plaintiff Parley Pearce. In deciding this matter, I have carefully considered the written arguments of both parties, the documentary evidence in the record, and applicable legal authority, both as cited by the parties and as discovered through my own research. In light of my review, I grant the Motion in part and deny it in part, for the...
NOT FOR PUBLICATION MEMORANDUM DECISION RE MOTIONS DAVID W. HERCHER , Bankruptcy Judge . I. Introduction In this action, Ronald Owen objects to and requests revocation of the chapter 7 bankruptcy discharge granted to Jennifer Ann McCaw. Because his claims either fail to state claims for relief or are without supporting evidence, I will grant judgment on the pleadings or summary judgment in her favor on all claims in this action and deny his pending motions. II. Background In the...
MEMORANDUM OPINION THOMAS M. RENN , Bankruptcy Judge . This matter comes before me on Plaintiff's Request to the Court to Extend the Time to File an Appeal (Doc. #40) ("Plaintiff's Request"). Defendant filed a Response to the Request (Doc. #41) and a Declaration of Cody M. Weston (Doc. #42) in support of the Response. Plaintiff filed a Reply (Doc. #43) to Defendant's Response. I have reviewed the filed documents, as well as the Judgment of Dismissal with Prejudice (Doc. #26) ("Judgment"),...
PETER C. McKITTRICK , Bankruptcy Judge . Peter Szanto 11 Shore Pine Newport Beach, CA 9265 Martin L. Smith Hilary Bramwell Mohr United States Trustee 700 Stewart St., Suite 5103 Seattle, WA 98101-2509 Re: United States Trustee v. Szanto, Adv. No. 18-3022-pcm Debtor's Motions to Compel (docs. 47-50), Motion for Terminating Sanctions (doc. 157) and Rule 9011 Motion (doc. 159) Dear Mr. Szanto, Mr. Smith and Ms. Mohr: The purpose of this letter is to rule on the motions identified above....
