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ABI Journal

Oregon

A Chapter 13 Plan Amended Today Cannot Have an 84-Month Duration

The expiration of Section 1329(d) in March 2022 means that 84-month chapter 13 plans amended now must revert to 60-month plans.

9th Circuit
Oregon

Corporate Debts in Sub V Can Be Nondischargeable, Judge Says, Differing with His BAP

Bankruptcy Judge Hercher agreed with the results in the Fourth and Fifth Circuits but disagreed with some of the appeals courts’ logic.

9th Circuit
Oregon

Courts May Create Trust Accounts to Pay Sub V Trustees and Other Admin Expenses

The court can’t require a debtor to give a ‘retainer’ to a Subchapter V trustee, Judge Pearson says.

9th Circuit
Oregon

State Law Lines Up with Federal Judicial Estoppel When Assets Aren’t Scheduled

Oregon Supreme Court allows substitution of a bankruptcy trustee as the real party in interest because denial would chiefly punish the debtor’s creditors.

9th Circuit
Oregon

Ninth Circuit Cited for Barring So-Called Critical Vendor Orders

A bankruptcy judge in Oregon was unable to follow renowned Bankruptcy Judges ‘Burt’ Lifland and ‘Mike’ Lynn, who granted critical vendor motions.

9th Circuit
Oregon

Electric Power Held Not to Be Goods with a 20-Day Priority Under Section 503(b)(9)

An Oregon power company appears headed for the Ninth Circuit to decide whether electric power qualifies as “goods” to be accorded the 20-day priority.

9th Circuit
Oregon

Student Loans Discharged in Part, Even Though Debtor Wasn’t Destitute

A bankruptcy judge can afford little relief from student loans, even for sympathetic debtors who try hard to repay their debts.

9th Circuit
Oregon

Fraud Isn’t the Only Ground for Revoking Chapter 13 Confirmation

Court in the Ninth Circuit takes more flexible approach to revoking confirmation.

9th Circuit
Oregon

Dischargeability Judgment Must Not Lower Interest on a Creditor’s Judgment

Abuse of discretion automatically results if a judgment harms a defrauded creditor.

9th Circuit
Oregon

Debtors Not Sharing Fruits of Stay Violation Claim with Creditors Must Arbitrate

You can’t stiff your creditors and profit from an inadvertent stay violation claim.

9th Circuit
Oregon
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