Section 522(d)(5) permits a debtor to exempt from property of the estate the debtor s interest in any property that became property of the estate provided that the value of the property claimed as exempt does not exceed a specified amount. If the debtor does not file such a list, a dependent of the debtor may file such a list, or may claim property as exempt from property of the estate on behalf of the 8 debtor. Nonetheless, the trustee contended that the debtor s exemption could still be ...
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Local Written Opinions
The Bankruptcy Court for the Western District of Michigan offers a database of opinions for the years 1999 to present, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.
Judge Jeffrey R. Hughes
Opinion Re: Trustee S October 30, 2006 Motion For Reconsideration On October 30, 2006, the Chapter 7 Trustee filed a motion entitled Trustee s Motion for Reconsideration of Order Dated October 20, 2006 Denying Trustee s Motion for Approval of Settlement. In this instance, the Chapter 7 Trustee requests only for an order allowing reconsideration of the denial of the Chapter 7 Trustee s Motion for approval of settlement agreement. However, it is the terms...
Memorandum Opinion Re: Trustee S December 12, 2006 Motion On December 12, 2006, Trustee filed a motion entitled Motion of James W. Boyd, Chapter 7 Trustee, for Entry of Order Approving Settlement for Distribution of Sale Proceeds Pursuant to Fed. Trustee s proposed settlement, if it is a settlement at all, involves the distribution of proceeds realized by Trustee from the sale of lots associated with a real estate development known as Sun-DaGo. Trustee...
Therefore, Hospital Staffing Services does seem to support Ms. Westerbeek s argument that a court other than a bankruptcy court has jurisdiction to decide issues related to the automatic stay. 1992) (bankruptcy court and state court both held action in state court not barred by the stay, but the Third Circuit reversed the bankruptcy court and remanded with instructions to enter an order vacating the judgment of the state court under an exception to the Rooker-Feldman doctrine). Raymark ...
Paragraph (10) exempts certain benefits that are akin to future earnings of the debtor; paragraph (11) allows the debtor to exempt certain compensation for losses. In other words, the court in Williams would not have had to deny the debtors claimed exemptions outright had it rejected Evans and concluded instead that Section 522(d)(11) also offered the debtor an opportunity to exempt worker s compensation awards. I recognize that LaBelle distinguished workers compensation benefits from ...
Traverse City, Michigan, attorney for Colleen Olson, Chapter 7 Trustee Colleen Olson ( Trustee ) commenced this adversary proceeding to compel Donald M. Bays to disgorge a retainer paid to him in connection with: (a) his pre-petition representation of Seek Wilderness; and (b) his subsequent representation of the Chapter 11 bankruptcy estate created after Seek Wilderness filed its petition for relief. The application Seek Wilderness filed as debtor-in-possession to employ Mr. Bays as the ...
Calculating a debtor s projected disposable income for purposes of Chapter 13 plan confirmation pre-dates Bapcpa. Therefore, only that which has been accurately set forth as the debtor s current monthly income in line 14 of the debtor s Form B22C is relevant for purposes of determining the income component of the Section 1325(b) disposable income calculation. However, Section 1325(b), not Section 707, ultimately controls the determination of disposable income for purposes of plan ...
Judge James D. Gregg
The Defendants motions for summary judgment assert that the Lbo transfers were settlement payments made by a financial institution. Section 741 defines settlement payment as a preliminary settlement payment, a partial settlement payment, an interim settlement payment, a settlement payment on account, a final settlement payment or any other similar payment commonly used in the securities trade. In Kaiser I, the court determined that payments made to shareholders through their securities ...
Issue Should this court issue a new judgment extending its prior judgment which excepted a debt from discharge? The issue before this court is whether a prior judgment should be renewed, not whether the plaintiff may utilize garnishment proceedings to collect the judgment. Before the ten-year time limitation to enforce a judgment expires, "an action may be brought upon the judgment or decree for a new judgment or decree."
Memorandum Opinion Granting Debtor S Motion For Reconsideration And, Upon Reconsideration, Restating Dismissal Of Case I. Facts And Procedural Background. Accordingly, the Debtor s motion asks the court to reconsider its dismissal order and to reinstate the Debtor s chapter 11 case. Having considered the Debtor s motion under these standards, the court finds no grounds for setting aside its order which dismisses the Debtor s current chapter 11 case.