MEMORANDUM OPINION RANDALL L. DUNN , Bankruptcy Judge . Factual Summary 1 Bradley Weston Taggart ("Mr.Taggart) filed a Chapter 7 2 petition on the eve of trial in litigation in Washington County, Oregon Circuit Court ("Litigation") through which Sherwood Park Business Center, LLC ("SPBC") 3 asserted claims against Mr. Taggart for breach of fiduciary duty, expulsion, breach of contract, attorneys fees and declaratory relief. The claims arose from (1) Mr. Taggart's conduct as the...
MEMORANDUM OPINION TRISH M. BROWN, Bankruptcy Judge. This matter came before the court on August 28, 2014, for evidentiary hearings on Debtor's amended Chapter 13 Plan dated June 26, 2014, and a Motion for Relief from Stay (hereinafter "Motion for Relief") filed by the Bank of New York Mellon, fka The Bank of New York, as Trustee on behalf of the Holders of the Alternative Loan Trust 20-6-OA21, Mortgage Pass Through Certificates Series 2006-OA21 ("BONY Mellon"). Debtors were represented by...
MEMORANDUM OPINION THOMAS M. RENN, Bankruptcy Judge. This matter comes before the Court on Defendants' motion for partial summary judgment. Procedural History: Gerald and Paula Colen ( Debtors ) filed a Chapter 7 petition on February 27, 2013. Trustee Joseph Charter filed the instant adversary proceeding on August 20, 2013. After an unopposed motion, and order entered thereon, he filed an Amended Complaint against Kearney Holdings, LLC ( Holdings ) and Ken Kearney ( Kearney ). The Amended...