NOT FOR PUBLICATION MEMORANDUM DECISION DENYING PLAINTIFF'S REQUEST FOR DEFAULT JUDGMENT AGAINST DEFENDANT BLAKE McHARO DAVID W. HERCHER , Bankruptcy Judge . I. Introduction The State of Oregon, Department of Human Services, filed a complaint against chapter 7 debtors Blake Mcharo and India Rose Mcharo, seeking to except its fraud claim against them from their bankruptcy discharge. 1 Because the Mcharos share a last name, I will refer to them as Blake and India. Neither answered the...
NOT FOR PUBLICATION DAVID W. HERCHER , Bankruptcy Judge . Subject: In re Antoinette Michelle Maxwell Case No. 17-32084-dwh7 State of Oregon v. Antoinette Michelle Maxwell Adversary Proceeding No. 17-03113-dwh Greetings: I will enter judgment in this action for plaintiff, the State of Oregon, Department of Human Services, determining that the state's claim against defendant, Antoinette Michelle Maxwell, is nondischargeable. This letter constitutes my findings of fact and conclusions of...
THOMAS M. RENN , Bankruptcy Judge . Michael R. Fuller Andrew J. Scavatto OlsenDaines, P.C. Stinson Leonard Street US Bancorp Tower 7700 Forsyth Blvd. #1100 111 SW 5th Ave #3150 St. Louis, MO 63105 Portland, OR 97204 Jeffrey Bradford Tonkin Torp LLP 888 SW Fifth Ave., #1600 Portland, OR 97204 RE: Lund v. CenturyLink, Inc.; Case No. 17-06100-tmr (Lead Case) Bean v. CenturyLink, Inc.; Case No. 17-06094-tmr Counsel:...
OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT TRISH M. BROWN , Bankruptcy Judge . Debtor in the above-captioned case filed a voluntary chapter 7 petition on September 29, 2017, and received a discharge on March 1, 2018. On April 28, 2018, after reopening the case, Debtor filed a motion for contempt (ECF No. 36), alleging violations of the discharge injunction by Rivermark Community Credit Union (" Rivermark ") and We Collect, Inc. d.b.a. Atlas Financial Services (" Atlas "). On...
TRISH M. BROWN , Bankruptcy Judge . Brad T. Summers Kenneth P. Childs Lane Powell PC Stotel Rives LLP 601 Second Ave., Ste. 2100 760 SW Ninth Ave., Ste. 3000 Portland, OR 97204 Portland, OR 97205 Robert J. Custis 494 State St., Ste. 300C Salem, OR 97301 Re: In re Frank F. Hartner, Case No. 16-31394-tmb7 In re William A. Hartner, Case No. 16-31395-tmb7 Dear Counsel: This matter came before the court on two...
MEMORANDUM OPINION PETER C. McKITTRICK , Bankruptcy Judge . This matter came before the Court on October 24, 2017, 1 on the parties' cross-motions for summary judgment. Plaintiff filed a First Amended Complaint ("Complaint") against defendants. Doc. 34. Plaintiff labels his claims as (1) conversion; (2) conversion of debtor's personality, image, likeness, unique identifying factors and other similar individual identifying and recognition features (hereinafter "identity theft claim"); (3)...
MEMORANDUM OPINION PETER C. McKITTRICK , Bankruptcy Judge . Plaintiff Peter Szanto, the debtor in this chapter 7 bankruptcy case, filed this adversary complaint against Bank of America (BofA or defendant) seeking specific performance of an alleged 2016 modification of a Home Equity Line of Credit (HELOC) loan secured by his real property. He claims that BofA agreed to reinstate an interest-only provision of the loan if he paid $45,300.41, which he did, but then BofA failed to reinstate the...
TRISH M. BROWN , Bankruptcy Judge . Dear Counsel: On February 20, 2018, creditor Jennifer Hartner filed a timely motion (the " Motion ," ECF No. 411) seeking various modifications of the opinion issued by the court on January 23, 2018 (the " Opinion ," ECF No. 398). Having reviewed the transcript attached to the Motion, Ms. Hartner's memorandum of law (the " Hartner Memorandum ," ECF No. 412), and the responses filed by trustee Kenneth Eiler and creditors Marcus and Matthew Fullard-Leo, I...
MEMORANDUM OPINION THOMAS M. RENN , Bankruptcy Judge . This matter comes before the Court on the Chapter 7 Trustee's Objection to Debtor's Claimed Exemption of an individual retirement annuity under 11 U.S.C. 522(d)(12). After briefing the issues, the parties agreed to have the matter resolved on the record as submitted. For the reasons outlined below, Trustee's Objection is overruled and the exemption is allowed. Factual and Procedural Background Through their memoranda and...
NOT FOR PUBLICATION MEMORANDUM DECISION DAVID W. HERCHER , Bankruptcy Judge . I. Introduction This memorandum decision explains my separate judgment of today in these actions, and it constitutes my findings of fact and conclusions of law. I will enter judgment in the action in the Mary Ann Michiko Roberts case requiring that defendant Howard Law, P.C., pay $1,983 to her bankruptcy estate, and I will enjoin Howard Law from future violations of 11 U.S.C. 526(a)(2). (Unless the context...
OPINION TRISH M. BROWN , Bankruptcy Judge . There are two matters before the court concerning Claim No. 2-3 (the " Claim "), filed by creditor Jennifer Hartner on August 30, 2017, in the above-captioned case. The Claim, as amended, seeks $405,631.47, which represents one-half of the Debtor's share of the proceeds from two parcels of real property that were liquidated by trustee Kenneth Eiler (" Trustee "). 1 The Trustee and creditors Marcus and Matthew Fullard-Leo have both raised various...
TRISH M. BROWN , Chief Bankruptcy Judge . Theodore J. Piteo Shawn P. Ryan Michael D. O'Brien & Associates, P.C. 620 SW Main St., Suite 612 12909 SW 68th Pkwy., Suite 160 Portland, OR 97205 Portland, OR 97223 Re: In re Crimson Investment Group, LLC, Case No. 16-32747-tmb11 Dear Counsel: This matter came before the court on a motion filed by Creditor Kimco Properties, LTD (" Kimco ") seeking to convert the above-referenced case to a chapter 7 case (...
PETER C. McKITTRICK , Bankruptcy Judge . 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. Counts 2-10 of Adversary Complaint Dear Ms. Lee and Mr. Scott: As you both are aware, I have entered partial summary judgment in favor of defendant Nationstar Mortgage, LLC, d/b/a Champion Mortgage Co. (Nationstar) (1) on the question of whether...
