MEMORANDUM OPINION FRANK R. ALLEY, III , Bankruptcy Judge . Debtor Anthony D'Agnese has filed a petition to reorganize under Chapter 13 of the Bankruptcy Code, and filed a proposed plan of reorganization dated June 9, 2015. Susanne D'Agnese, Debtor's former wife, objects to confirmation, asserting that the plan was not proposed in good faith, as required by 11 U.S.C. 1325(a)(3). An adjourned confirmation hearing was convened on November 10, 2015. Based on the evidence presented at the...
OPINION AND ORDER RE: AWARD OF COSTS ELIZABETH PERRIS , Bankruptcy Judge . On October 16, 2015, creditor Tim Mouraveiko filed two cost bills (collectively, the "Cost Bills," ECF Nos. 441 & 442) pursuant to Federal Rules of Bankruptcy Procedure 7054(b)(1). Counsel for attorneys Ronald Elzinga and Jonathan Kuni filed objections to the Cost Bills (collectively, the "Objections," ECF Nos. 450 and 452). The first Cost Bill (ECF No. 441) seeks $639.63 in costs from Ronald Elzinga as a...
ELIZABETH L. PERRIS , Bankruptcy Judge . Dear Messrs. Streinz and Mouraveiko: On October 8, 2015, this court held an evidentiary hearing on creditor Tim Mouraveiko's motion for sanctions against attorney Jonathan Kuni (the " Motion ," ECF No. 361) filed in the above-referenced case. I have considered the evidence and the parties' arguments, and write now to announce my ruling. The parties are familiar with the factual background of the case, so I will not recount it here. Mr. Mouraveiko...
MEMORANDUM OPINION THOMAS M. RENN , Bankruptcy Judge . The parties have submitted the preference claims in this adversary proceeding upon briefs and stipulated facts. The matters are ripe for decision. Factual and Procedural History: On July 31, 2014, a judgment totaling more than $20,931 was entered in Lane County Circuit Court in favor of Linn-Co Federal Credit Union against Plaintiff. On August 27, 2014, the judgment was assigned to Defendant. On September 29, 2014, the Lane County...
MEMORANDUM OPINION RANDALL L. DUNN , U.S. Bankruptcy Judge . This adversary proceeding ("Adversary Proceeding") was tried before me (the "Trial") on Thursday, August 13, 2015. The plaintiffs, Dwight and Laura Daniels (the "Daniels"), asserted exception to discharge claims against the debtor defendants, James and Candice Holman (the "Holmans"), under 11 U.S.C. 523(a)(2)(A) — fraud, and 523(a)(2)(B) — false financial statement. 1 Prior to the Trial, I granted partial summary judgment in...
VIACM/ECF James D. Huffman Gregory B. Soriano P.O. Box 973 16100 NW Cornell #160 St. Helens, OR 97051 Beaverton, OR 97006 Re: Burgmans v. Concho, Adv. Proc. 15-3060-tmb In re Burgmans, Case No. 13-37775-tmb13 Defendant's Motion for Partial Summary Judgment. Dear Counsel: On July 27, 2015, defendant Dora Lee Concho filed a motion for partial summary judgment in the above-captioned case (ECF No. 20, the "...
MEMORANDUM OPINION FRANK R. ALLEY, III , Chief Bankruptcy Judge . I. INTRODUCTION This is an action by Debtors Regina and Devon Freeland seeking a declaration that their student loan debts should be discharged because requiring repayment would constitute an undue hardship. 11 U.S.C. 523(a)(8). 1 Their claim respecting the debt owed to the United States Department of Education was resolved short of trial, and a judgment reflecting the parties' agreement has previously been entered. The...
MEMORANDUM OPINION RANDALL L. DUNN , U.S. Bankruptcy Judge . I heard the plaintiff's Motion for Summary Judgment ("SJ Motion") in this adversary proceeding ("Adversary Proceeding") on February 10, 2015 (the "Hearing") and took the matter under advisement. In his Complaint, the plaintiff Joel A. Nunez ("Mr. Nunez") sought judgment declaring his debt to defendant Key Education Resources/GLESI ("Key Education") dischargeable under 11 U.S.C. 523(a)(8). 1 Key Education opposed the SJ Motion....
MEMORANDUM OPINION RANDALL L. DUNN , U.S. Bankruptcy Judge . On December 18, 2014, I heard oral argument ("Hearing") on the motion for summary judgment ("SJ Motion") filed by plaintiff Stephen P. Arnot, Chapter 7 Trustee ("Trustee"), and the cross-motions for summary judgment ("Cross-Motions") filed by the debtor defendants Michael and Joanne Endresen (the "Endresens") and by the lender defendants, The Bank of New York Mellon (in various capacities) and Green Tree Servicing LLC (...
MEMORANDUM OPINION RANDALL L. DUNN , U.S. Bankruptcy Judge . On December 15, 2014, the debtors, John Scott and Jacqueline Mazzuca (collectively, "the Mazzucas"), filed a total of eight motions to avoid judicial liens pursuant to 11 U.S.C. 522(f) (collectively, "Lien Avoidance Motions"). 1 The Mazzucas filed one motion to avoid the judicial lien of Wells Fargo Bank, N.A. ("Wells Fargo") against their residence located at 10671 SW Clear St., Tualatin, OR ("Residence Lien Avoidance Motion")...
Debtor's Objection to Claim of Tyler Murdock PETER C. McKITTRICK , BANKRUPTCY JUDGE . Dear Counsel, The purpose of this letter is to give you my ruling on debtor's objection to the priority claim filed by debtor's ex-husband, Tyler Murdock, in the amount of $20,142.01. Debtor does not object to the amount, but only to the treatment of the claim as priority. The issue is whether the debt is a domestic support obligation entitled to priority under 11 U.S.C. 507(a)(1). 1 The court held a...
