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Opinions

The District of XXXXX offers a database of opinions for the years 19XX to 2011, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.

Judge James D. Gregg

Rittenhouse argues that the local rules of the district and bankruptcy courts not only authorize him to practice bankruptcy law, but also preempt Michigan law on the subject. The district court s local rule governing admission to practice before that court is incorporated by reference into the local rules of the bankruptcy court. The Peterson court concluded, as does this court, that the right to practice law does not derive from a local rule which permits an attorney to practice in a ...

I. Issue May a chapter 13 debtor modify a confirmed plan by voluntarily surrendering collateral to partially satisfy a secured creditor's claim and classify the resulting deficiency as an unsecured claim? If a deficiency claim existed, the court would determine whether that claim would be a secured claim or an unsecured claim. The Debtors asserted "the claim in question should be a totally unsecured claim based upon the Debtors' rejection of the [vehicle] pursuant to an amendment of their ...

The Debtors in the above-captioned Chapter 13 proceedings have filed amendments to their confirmed plans to add creditors who were not listed in the Debtors original schedules and who otherwise did not file proofs of claim. That section states that: The provisions of a confirmed plan bind the debtor and each creditor, whether or not the claim of such creditor is provided for by the plan, and whether or not such creditor has objected to, has accepted, or has rejected the plan. Creditors with...

The Debtors in the above-captioned Chapter 13 proceedings have filed amendments to their confirmed plans to add creditors who were not listed in the Debtors original schedules and who otherwise did not file proofs of claim. That section states that: The provisions of a confirmed plan bind the debtor and each creditor, whether or not the claim of such creditor is provided for by the plan, and whether or not such creditor has objected to, has accepted, or has rejected the plan. Creditors with...

The Debtors in the above-captioned Chapter 13 proceedings have filed amendments to their confirmed plans to add creditors who were not listed in the Debtors original schedules and who otherwise did not file proofs of claim. That section states that: The provisions of a confirmed plan bind the debtor and each creditor, whether or not the claim of such creditor is provided for by the plan, and whether or not such creditor has objected to, has accepted, or has rejected the plan. Creditors with...

The Debtors in the above-captioned Chapter 13 proceedings have filed amendments to their confirmed plans to add creditors who were not listed in the Debtors original schedules and who otherwise did not file proofs of claim. That section states that: The provisions of a confirmed plan bind the debtor and each creditor, whether or not the claim of such creditor is provided for by the plan, and whether or not such creditor has objected to, has accepted, or has rejected the plan. Creditors with...

The Debtors in the above-captioned Chapter 13 proceedings have filed amendments to their confirmed plans to add creditors who were not listed in the Debtors original schedules and who otherwise did not file proofs of claim. That section states that: The provisions of a confirmed plan bind the debtor and each creditor, whether or not the claim of such creditor is provided for by the plan, and whether or not such creditor has objected to, has accepted, or has rejected the plan. Creditors with...

The Debtors in the above-captioned Chapter 13 proceedings have filed amendments to their confirmed plans to add creditors who were not listed in the Debtors original schedules and who otherwise did not file proofs of claim. That section states that: The provisions of a confirmed plan bind the debtor and each creditor, whether or not the claim of such creditor is provided for by the plan, and whether or not such creditor has objected to, has accepted, or has rejected the plan. Creditors with...

A trustee may sell property of the estate free and clear of a lien if the lienholder consents. Neither the Trustee nor Huntington offered any basis other than this implied consent under Section 363(f)(2) as authority to sell the Property free and clear of Dhillon s and Murphy Oil s liens. However, given that Section 363(f)(2) specifically requires each lienholder s consent before property may be sold free and clear of its lien, the Court is constrained to deny approval of Trustee s sale of ...

I believe that Congress intended Section 522(d)(10) to ensure that deserving debtors who are receiving non-wage benefits at the time they file for bankruptcy would receive the same treatment as debtors who are employed. If either debtor files a bankruptcy petition the day before that debtor is eligible to begin receiving payments under the plan or Ira, then the debtor s interest will be a likely candidate for liquidation. If the Debtors were not eligible, then Trustee shall submit a ...

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