Cross Motions for Summary Judgment. TRISH M. BROWN , Chief Bankruptcy Judge . Counsel: This matter came before the court on cross motions for summary judgment filed by plaintiffs Marian McDonald and Thomas McDonald (collectively, the " McDonalds ") and defendant Fairway Fund V, LLC (" Fairway "). The court heard oral argument on the motions on December 13, 2016. After considering the evidence, written submissions, and arguments of counsel, I will grant Fairway's motion to the extent...
AMENDED MEMORANDUM OPINION RANDALL L. DUNN , U.S. Bankruptcy Judge . On November 22, 2016, I held the confirmation hearing ("Confirmation Hearing") with respect to the First Amended Plan of Reorganization (Docket No. 155) ("Plan") proposed by the duly appointed chapter 11 1 trustee Amy Mitchell ("Trustee") for the debtor-in-possession Data Systems, Inc. ("DSI"). At the Hearing, I heard the testimony of Richard Kreitzberg ("Mr. Kreitzberg"), the Trustee, and special counsel Robert J....
MEMORANDUM OPINION RANDALL L. DUNN , Bankruptcy Judge . On November 22, 2016, I held the confirmation hearing ("Confirmation Hearing") with respect to the First Amended Plan of Reorganization (Docket No. 155) ("Plan") proposed by the duly appointed chapter 11 1 trustee Amy Mitchell ("Trustee") for the debtor-in-possession Data Systems, Inc. ("DSI"). At the Hearing, I heard the testimony of Richard Kreitzberg ("Mr. Kreitzberg"), the Trustee, and special counsel Robert J. McGaughey ("...
THOMAS M. RENN , Bankruptcy Judge . Dear Counsel: As you are aware, I conducted an evidentiary hearing on September 27, 2016, in the above-referenced case. Before me was confirmation of Debtors Danni and Rhonda Fielder's ( Debtors ) Amended Chapter 13 Plan dated July 27, 2016 ( Amended Plan ). During the hearing's course, it became apparent the main obstacle to confirmation was Sacor Financial Inc.'s ( Sacor ) objection. Debtor Danni Fielder ( Danni ) testified as to the value of certain...
OPINION AND ORDER TRISH M. BROWN , Bankruptcy Judge . This matter came before the court on the Motion for Summary Judgment (the "Motion," ECF No. 51) filed on August 8, 2016, by creditor National Collegiate Student Loan Trust 2004-1 ( "NCSLT" ). In reaching my decision, I have carefully reviewed the Motion and the parties' memoranda relating thereto. I have also read applicable legal authorities, both as cited by the parties and as located through my own research. The following findings...
NOT FOR PUBLICATION MEMORANDUM OPINION PETER C. McKITTRICK Bankruptcy Judge . Debtor Sacha Gilbert seeks sanctions and a declaration that state court eviction actions by her landlord, Ramona Apartments, are void as a violation of the codebtor stay and automatic stay. The court held an evidentiary hearing on July 6, 2016. After considering the evidence, testimony, written submissions and arguments of counsel, I conclude that there was no violation and will deny the motion. FACTS Debtor...
MEMORANDUM OPINION PETER C. McKITTRICK , U.S. Bankruptcy Judge . Debtor Peak Web LLC moves for remand of this consolidated action that was removed from California state court to this court by defendants Machine Zone Inc. and Epic War LLC. For the reasons that follow, the motion will be granted. PROCEDURE Debtor supported its motion for remand with declarations. At an August 4, 2016, hearing on a motion in the main case, Case No. 16-32311, the court discussed with counsel the parties'...
MEMORANDUM OPINION. RANDALL L. DUNN , Bankruptcy Judge . On July 26, 2016, I held the final evidentiary hearing ("Hearing") on the chapter 7 1 trustee's ("Trustee") motion to settle and compromise claim ("Settlement Motion") and the debtor Danielle Lee Wait's ("Ms. Wait") objections ("Objections") to the Settlement Motion. I had set for hearing at the same time Ms. Wait's motion to convert her bankruptcy case to chapter 13 ("Motion to Convert") and the Trustee's objections thereto, but I...
MEMORANDUM OPINION RANDALL L. DUNN , U.S. Bankruptcy Judge . On May 31, 2016, I held a consolidated hearing ("Hearing") on motions to remand to state court (the "Remand Motions") four adversary proceedings, Arnot v. Prodehl et al., Adversary Proceeding No. 16-3044 (the "Prodehl Adversary"), Arnot v. Weibel et al., Adversary Proceeding No. 16-3045 (the "Weibel Adversary"), Arnot v. Creswell et al., Adversary Proceeding No. 16-3046 (the "Creswell Adversary"), and Arnot v. Adams et al.,...
MEMORANDUM OPINION FRANK R. ALLEY, III , Bankruptcy Judge . Plaintiff filed an Amended Complaint on February 22, 2016 1 against Deutsche Bank National Trust Co. ("Deutsche Bank'), Northwest Trustee Services, Inc. ("NWTS"), and against the Trustee in the Chapter 7 bankruptcy case of Eleanor Miller. She seeks against the first two Defendants, on a number of theories, a judgment preventing the foreclosure of her real property. Against Ms. Pancic, the Plaintiff seeks a money judgment for the...
MEMORANDUM OPINION THOMAS M. RENN , Bankruptcy Judge . Plaintiff has filed an adversary proceeding to except several money awards memorialized in a state court judgment from discharge under 11 U.S.C. 523. 1 The present matter comes before the Court on Plaintiff's motion for partial summary judgment. The motion has been fully briefed and is ripe for decision. Facts: From the submissions there is no dispute as to the following facts, some of which were established in prior litigation...
MEMORANDUM OPINION FRANK R. ALLEY, III , Bankruptcy Judge . The Plaintiffs seek a judgment against the United States for damages incurred resulting from serial violations of the automatic stay by the Internal Revenue Service. The matter was tried on January 6, 2016. After considering the evidence and testimony of the parties, the Court concludes that the Plaintiffs are entitled to a judgment for damages under 11 U.S.C. 362(k). I. FACTS Plaintiff Jonathan Hunsaker is a retired Oregon...
Mr. Alan Seligson 142 West 8th Avenue Eugene, OR 97401 Mr. Marc W. Gunn Gunn & Gunn, P.C. PO Box 4057 Salem, OR 97302 RE: SAMUELS, Paul John, Jr.; Bankruptcy Case No. 15-63600-tmr7 VanderMay v. Samuels, Jr.; Adversary Proceeding No. 16-6015-tmr Plaintiff's Motion for Judgment on the Pleadings. Counsel: Plaintiff has filed the instant adversary proceeding to except from discharge a pre-petition default judgment obtained in state court. Debtor/Defendant has answered. At a March 9, 2016, pre-...
Mr. Brent G. Summers Tarlow Naito & Summers, LLP 2501 SW First Avenue, Suite 390 Portland, OR 97201 Mr. Albert N. Kennedy Tonkon Torp LLP 888 SW Fifth Avenue, Suite 1600 Portland, OR 97204 Ms P. Rebecca Kamitsuka Attorney for the United States Trustee 405 E. 8th Avenue, Suite #1100 Eugene, OR 97401 RE: In re Berjac of Oregon ; Case No. 12-63884-tmr7 Trustee's Motion for Summary Determination Approving the Trustee's Proposed Settlement With Bullivant Houser Bailey, P.C. (Doc. #1245) Counsel:...
MEMORANDUM OPINION THOMAS M. RENN , Bankruptcy Judge . Plaintiff has filed an adversary proceeding to except several money awards memorialized in a state court judgment from discharge under 11 U.S.C. 523. 1 The present matter comes before the Court on Plaintiff's motion for partial summary judgment. The motion has been fully briefed and is ripe for decision. Facts: From the submissions there is no dispute as to the following facts, some of which were established in prior litigation...
MEMORANDUM OPINION RANDALL L. DUNN , U.S. Bankruptcy Judge . On January 25, 2016, I heard argument ("Hearing") on the joint motions of Ad Astra Recovery Services, Inc. ("Ad Astra") and Rapid Cash Payday Loans ("Rapid Cash") to compel arbitration and stay proceedings and for a protective order (collectively, "Arbitration Motions"), opposed ("Opposition") by the Debtor ("Ms. Banks"). (Ad Astra and Rapid Cash are referred to collectively as "Respondents.") Following argument, I gave the...
OPINION TRISH M. BROWN , Bankruptcy Judge . This matter came before the court on the Motion to Dismiss Motion for Order of Contempt (the "Motion to Dismiss," ECF No. 84) filed by Rushmore Loan Management Services, LLC ( "Rushmore" ). In the Motion to Dismiss, Rushmore seeks dismissal of the Motion for Order of Contempt (the "Contempt Motion," ECF No. 73) filed by debtors Sharon and Mark Kent ( "Debtors" ). The Contempt Motion alleges that Rushmore violated the discharge injunction of...
OPINION RE: MOTION FOR ATTORNEY FEES TRISH M. BROWN , Bankruptcy Judge . This matter came before the court on defendant Dora Lee Concho's Statement of Attorney Fees (ECF No. 54, the "Motion" ), which the court has construed as a motion for attorney fees under 28 U.S.C. 1927. Debtor Eduard Burgmans filed a response to the Motion on November 19, 2015 (ECF No. 55, the "Response" ) and additional briefing on December 29, 2015 (ECF No. 60, the "Supplemental Response" ). In order to clarify...
