TRISH M. BROWN , Chief Judge . Alexzander C.J. Adams Keith D. Karnes 14705 SW Millikan Way 1860 Hawthorne Ave. NE Beaverton, OR 97006 Salem, OR 97301 Paul Garrick Office of the Standing Chapter 13 Trustee 400 E. Second Ave., Suite 200 Eugene, OR 97440 Re: In Re Thomas Carter Vincent, Case No. 17-62027-tmb13, Chapter 13 Plan Confirmation. Dear Counsel: This matter came before the court on the proposed chapter 13 plan...
Plaintiff's Motion for Summary Judgment. TRISH M. BROWN , Chief Bankruptcy Judge . Julia I. Manela Keith D. Karnes Watkinson Laird Rubenstein PC 1860 Hawthorne Ave., Suite 10 101 E. Broadway, Suite 200 Salem, OR 97301 Eugene, OR 97440 Re: Miller v. Gomez, Adv. Proc. No. 17-6048-tmb In re Gomez, Case No. 17-61024-tmb7 Dear Counsel: This matter came before the court on a Motion for Summary Judgment (the " Motion, " ECF No. 16) filed by plaintiff Jonathan...
MEMORANDUM OPINION RE OBJECTION TO CLAIM #48 PETER C. McKITTRICK , Bankruptcy Judge . Debtor Peak Web LLC objects to the amended claim of Machine Zone, Inc., filed after the claims bar date, seeking disallowance of the amended claim as untimely. For the reasons set out below, the objection will be sustained in part and overruled in part. PROCEDURAL BACKGROUND Before debtor filed chapter 11 bankruptcy in 2016, the parties had filed complaints against each other in California state court...
Matthew A. Arbaugh Dustin James Wolf Arbaugh Law, P.C. Amber Marie Wolf 121 SW Morrison St., Suite 1520 9735 SW McDonald St. Portland, OR 97204 Tigard, OR 97224 Re: Clearway Realty, LLC v. Dustin James Wolf & Amber Marie Wolf; Adv. Proc. No. 17-3064-tmb In re Dustin & Amber Wolf, Case No. 17-30416-tmb7 Plaintiff's Motion for Summary Judgment Dear Mr. Arbaugh and Mr. & Mrs....
Beverlyann Lee 3457 NE Couch St. Portland, OR 97232 Mike Scott (via ECF) McCarthy & Holthus LLP 920 SW 3rd Ave., 1st Floor Portland, OR 97204 Re: Lee v. Nationstar Mortgage, LLC , Adv. No. 16-3156-pcm Ruling on Motions for Summary Judgment Dear Ms. Lee and Mr. Scott: The purpose of this letter is to rule on the motions for summary judgment filed by plaintiff Beverlyann Lee (Debtor) and defendant Nationstar Mortgage, LLC, d/b/a Champion Mortgage Co. (Nationstar) in the above-referenced case...
MEMORANDUM OPINION THOMAS M. RENN , Bankruptcy Judge . The matter before the Court concerns the propriety of a settlement between the case trustee and a law firm that provided services to the estate. The Office of the United States Trustee (UST) and various creditors (Objecting Creditors) objected to the settlement. For the reasons that follow, the objections will be overruled and the settlement approved. Procedural History : Debtor herein, Berjac of Oregon (Berjac), filed a voluntary...
MEMORANDUM OPINION PETER C. McKITTRICK , Bankruptcy Judge . This matter came before the Court on April 28, 2017, on the United States' Motion to Dismiss filed on behalf of the Internal Revenue Service (IRS). In his Amended Complaint, plaintiff-debtor Peter Szanto seeks relief against the IRS for allegedly improperly assessed taxes, damages resulting from that assessment, a refund of taxes already paid, and injunctive relief. Plaintiff has a long history of litigating against the IRS for...
MEMORANDUM OPINION PETER C. McKITTRICK , Bankruptcy Judge . Debtor Peter Szanto filed a Second Amended Complaint against JPMorgan Chase Bank, N.A. ("Chase") and Bank of America, N.A. ("BofA"), who hold trust deeds on real property debtor owns in California. Debtor labels his claims as (1) breach of contract; (2) fraud; (3) restitution (against Chase only); and (4) violations of federal statutes and regulations. Chase moves to dismiss all claims against it; BofA moves to dismiss the fraud...
William L. Ghiorso Brad T. Summers 495 State St., Ste. 500 Ball Janik LLP Salem, OR 97301 101 SW Main St., Ste. 1100 Portland, OR 97204 Re: Eiler v. Can-American, Inc., Adv. Proc. No. 16-3104-tmb In re Frank F. Hartner, Case No. 16-31394-tmb7 Counsel: This matter came before the court on a Motion Requesting Permission to File an Amended Answer (ECF No. 40, the " Motion "), filed by defendant Patricia Hartner. Ms. Hartner has also filed a proposed amended answer...
MEMORANDUM OPINION FRANK R. ALLEY, III , Bankruptcy Judge . This matter comes before the Court on Plaintiff's Complaint to determine the secured status of a proof of claim filed by Defendant. The matter was tried and is now ripe for decision. Procedural Background: Debtor herein, Tyler Westby ( Westby ), filed a Chapter 7 petition on January 14, 2015. At the time, Westby owned real property at 2728 Upper Breckenridge Loop NW in Salem, Oregon ( the Property ). The Property is located in...
Brent G. Summers Theodore J. Piteo Tarlow Naito & Summers, LLP Michael D. O'Brien & Associates, P.C. 2501 SW 1st. Ave, Suite 390 12909 SW 68th Pkwy., Suite 160 Portland, OR 97201 Portland, OR 97223 Re: In re Gordon B. Thompson, Case No. 14-35226-tmb7 Dear Counsel: This matter came before the court on the motions of John and Marcella Winters to reopen the above-referenced case (ECF No. 19, the " Motion to Reopen ") and to compel Debtor's compliance with his...
