Amborn v. Lingren

Filing 6

Findings of Fact and Conclusions of Law. Signed on 2/15/12 by Chief Judge Ann L. Aiken. (ljb)

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January 26,2012

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Clerk, U.S. Bankruptcy Court

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The Bankruptcy Court's Findings of Fact and Conclusions of

Law are hereby approved.
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u.s. District Judge

Below are the Bankruptcy Court's Proposed Findings of
Fact and Conclusions of Law which are recommended for
approval.

u.s. Bankruptcy Judge

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF OREGON

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In re
Rodney Chris Lowe and Alyson Lynn Lowe,
Debtors.

Case No. 11-62158-fra7

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Adv. Proc. No. 1l-06270-fra

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Candace Amborn, Trustee,
Plaintiff,

r.B @PCS:I() FINDINGS OF

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FACT AND CONCLUSIONS
OF LAW

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vs.

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Kathy L. Lingren,

Defendant.

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Plaintiff submits the following Proposed Findings of Fact and Conclusions of
Law:
Findings of Fact:
1.

This adversary proceeding is one arising in the case of In re Rodney Chris

Lowe and Alyson Lynn Lowe, US Bankruptcy Court Case No 11-62158-fra7, under
David B. Mills
Page 1 of 3

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF
LAW

Attorney at Law
115 W. 8th Ave., Suite 390
Eugene, OR 97401
Phone: [phone]
Fax: [phone]

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Chapter 7 of Title 11. Debtors filed a voluntary petition under Chapter 7 of the

Bankruptcy Code on May 3, 2011.

2.

Plaintiff is the duly qualified Chapter 7 Trustee herein.

3.

Prepetition, debtors boarded a horse owned by defendant at the request of

defendant.

4.

Despite demand, defendant failed to pay the balance owing for those

boarding services.

5.

Debtors performed all conditions precedent to recovery of the amount

owmg.

6.

There is due and owing plaintiff the sum of $18,084.50 together with

interest at the legal rate from May 31, 2011 until paid.

Conclusions of Law:

1.

This is a non-core proceeding submitted under 11 USC 157 (c)(1).The

matter in controversy arises under 11 US C § 541. Venue is proper pursuant to 28 US C §

1409.

2.

Based upon the foregoing Findings of Fact, plaintiff is entitled to judgment

in her favor and against defendant in the amount of $18,084.50 together with interest at

the legal rate from May 31, 2011 until paid, and costs of $293.

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PRESENTED BY:
/s/ David B. Mills
David B. Mills, OSB #77281

115 W. 8th Ave., Suite 390

Eugene, OR 97401

Phone: [phone]

Fax: [phone]

[e-mail]

Attorney for Plaintiff
David B. Mills
Page 2 of 3

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF
LAW

Attorney at Law
115 W. 8th Ave., Suite 390
Eugene, OR 97401
Phone: [phone]
Fax: [phone]

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ELECTRONIC NOTICE VIA ECF:

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The following are parties who will receive notice/service of Orders for this case via
electronic transmission (email):
David B. Mills

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MANUAL NOTICE VIA FIRST CLASS MAIL:

The following are parties who will receive notice/service of Orders for this case via First
Class Mail:
Kathy L. Lingren
290 Allan Mills Ave.
Camden, ~ 38320
Kathy L. Lingren
P.O. Box 97
Camden, ~ 38320

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David B. Mills

Page 3 of3

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF
LAW

Attorney at Law

115 W. 8th Ave., Suite 390

Eugene, OR 97401

Phone: [phone]

Fax: [phone]