News and Announcements
2010 Debtor-Creditor Section CLE and Annual Meeting (August 23, 2010)
Be sure to SAVE THE DATE of October 29-30, 2010, for the 2010 Debtor-Creditor Section CLE and Annual Meeting. It will be held at The Benson Hotel, 309 Southwest Broadway, Portland, Oregon, 97205. The program is scheduled from 1:00 p.m. until 5:30 p.m. on Friday, and 8:00 a.m., to 12:30 p.m. on Saturday. The program's title is "Lien on Me", and includes topics such as foreclosure, mortgage modification, little known Oregon state liens, agricultural liens, and breakout sessions on consumer and business topics. It will also include a Judge's Panel, ethics program, and case law updates. The event will include a hosted reception after the program with special entertainment and heavy hors' doeuvres, and a breakfast with the judges. Registration details will be sent in the next few weeks.
There are a limited block of rooms reserved for this event at The Benson at the special rate of $139.00 + tax for a deluxe king room only through September 29, 2010. To reserve rooms: Contact The Benson at (800) 663-1144 or www.bensonhotel.com. Please be sure to mention the Oregon State Bar Debtor-Creditor Section.
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Proposed Revisions to the Local Bankruptcy Rules and Local Bankruptcy Forms (August 3, 2010)
On August 3, 2010, the Local Bankruptcy Rules/Forms Committee has submitted its report on proposed revisions to the Local Bankruptcy Rules and Local Bankruptcy Forms. For more information and to view the report, please see the committee page. [Read More]
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Court Updates
Register of Qualified Mediators (July 27, 2010)
Invalid Mailing Addresses (July 27, 2010)
Reaffirmation Agreements (July 27, 2010)
Bankruptcy Judgeship – Northern District of California (July 13, 2010)
Job Opening – Courtroom Deputy (July 13, 2010)
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Recent Opinions
In re Pfannenstiel, Case No. 09-31350-rld7, Adv. No. 09-3280-rld
(July 23, 2010)
Reschedule trial, adequate cause Pro se debtor who sought to discharge his student loan debt did not appear for his trial and did not notify the court in advance he would not be able to appear. The day after the trial the debtor filed a letter seeking a new trial date but offering no explanation for his failure to appear. The court treated the letter as a motion and denied it for lack of adequate cause.
Ford-Torres v. O’Shea, Adv. No. 07-6084-fra, Case No. 07-60265-fra7
(July 21, 2010)
Dischargeability under §523(a)(6)
The court determined that certain claims in a case pending against debtor in federal district court were dischargeable and others were nondischargeable under §523(a)(6). The pending case alleges wrongful discharge, intentional infliction of emotional distress, intentional injury of an employee and battery.
In re Stubblefield, Case No. 09-38572-rld7
(June 21, 2010)
11 USC §707(b)(3)(B), abuse of chapter 7, totality of circumstances
The court held the debtor's case was an abuse of chapter 7. The debtor was a financially sophisticated woman whose income, while it had declined since 2007, was still substantial at the time of her bankruptcy filing and would allow her to propose a chapter 13 plan that would result in significant payment to creditors. The court considered the factors set forth in In re Price, 353 F3d 1135 (9th Cir 2004), in reaching this conclusion. The debtor’s ability to pay a substantial portion of her unsecured debt was of primary importance.
Simons and Gales v. Kolwitz, Case No. 07-62870-fra7, Adv. No. 08-6067-fra
(May 27, 2010)
11 USC §523(a)(2)
After the debtor, Kolwitz, fell behind on a construction project for Simons and Gales, Simons and Gales terminated the project and denied debtor’s request for additional funds to continue the project. They sought to have their claim for damages related to the project excepted from discharge under §523(a)(2). The court held for debtor, because Simons and Gales had not presented evidence that any misrepresentation was material, intentional or made in writing.
In re Schulke, Case No. 09-65100
(May 4, 2010)
Motion to use tax refund, modified plan, chapter 13
The court denied the debtor's motion to use her tax refund of $4,000 for personal expenses rather than tender it to the trustee as required by her confirmed chapter 13 plan. In order to use the tax refund other than as provided in the plan, the debtor must file a modified plan.
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