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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.

The court denied confirmation of the plan because Rule 7001(2) of the Federal Rules of Bankruptcy Procedure1 requires that the validity, priority or extent of a lien in property be determined through an adversary proceeding. The court concludes that a debtor may not circumvent the special procedures required by Rule 7001 simply by incorporating the requested relief within a Chapter 13 plan unless Rule 7001 itself permits such relief through the confirmation process. Having concluded as a ...

It is the court s August 25, 2000 order denying approval of the proposed settlement which Metropolitan has asked the court to reconsider.6 Opinion Metropolitan has offered its own reasons as to why the court erred in denying approval of its settlement with Trustee. Several provisions in the Federal Rules of Bankruptcy Procedure9 do refer to court approval of settlements.10 Rule 9019(a) states when the court may approve a settlement or compromise by the trustee. The absence of any Bankruptcy ...

Judge James D. Gregg

If North Country received proceeds from the Debtor that can be traced to the sale of First Bank s collateral, First Bank is entitled to the imposition of a constructive trust against North Country. In this adversary proceeding, First Bank is not arguing that North Country should have to ferret out evidence from North Country s records about North Country s activities. Likewise, North Country is entitled to summary judgment as to any action First Bank may have had against North Country ...

Opinion Regarding Binding Effect Of Confirmed Chapter 13 Plan Upon Secured Claim Holder Appearances: David C. Andersen, Esq. The Notice and the Plan Summary failed to explicitly advise secured creditors, including the Bank, that if an objection was lodged, a valuation hearing regarding secured claims would take place at the confirmation hearing. A secured creditor will not have the secured portion of its claim disallowed if it fails to file a claim within the ...

The auction sales were conducted on January 3, 2002, and a hearing to consider the Omnibus Motion and Retail Team s objection was held before this court on January 4, 2002.3 At that hearing, Retail Team specifically objected to the debtors proposed sale of twenty-six store locations to Orscheln Supply, Llc. Since Retail Team s Motion for Reconsideration was filed three days after the entry of the Orscheln Supply Sale Order, this court will consider the motion under Rule 59.11 Motions for ...

Issues Has the Debtor s obligation under the promissory note given to the Plaintiff been satisfied by payment? W.D. Mich. 1984). Therefore, to determine whether any debt from the first loan remains after the Debtor s $33,000 payment to the Plaintiff, the court must examine Michigan law regarding application of payments. Even if a debt remained, the Plaintiff failed to prove actual reliance upon the Debtor s representations and that the Debtor intended to deceive him in the first loan ...

Amended Opinion Regarding Dismissal Of Involuntary Petition With Prejudice To Refiling1 On May 21, 2002, Philip L. Hammond, Hammond, filed what purports to be an involuntary petition under chapter 7 of the Bankruptcy Code. In each judicial district, bankruptcy judges constitute a unit of the district court to be known as the bankruptcy court for that district. N.D. Ind. 1994) (the bankruptcy court took judicial notice of a file from the district ...

Opinion Regarding Debtor S Motion To Convert Chapter 7 Case To Chapter 13 Appearances: Michael W. Puerner, Esq. The Debtor provided the Trustee s realtor access to the Okemos property on only one of these occasions.8 At a hearing held on May 8, 2003, the court granted the Trustee s Sale Motion. 1999) (a chapter 7 debtor s right to convert may be denied in extreme circumstances constituting bad faith ); In re Thornton, 203 B.R. at 652 ( [T]his court agrees ...

The third amended plan and the Fourth Amended Joint Plan Of Reorganization, which was approved by this court, have identical language regarding the treatment of the Geno lease.4 Section 11.4 of the fourth amended plan states: Geno Lease. After Newstar filed its Fourth Amended Joint Plan of Reorganization, Honorable Jo Ann C. Stevenson issued an Order Granting Debtors Motion To Set Confirmation Hearing On Modified Plan, To Set Objection And Balloting Deadlines, And To Approve Supplemental ...

Issue Should this court certify a class based upon a class proof of claim filed on behalf of a group of individuals who received loans from the Debtor, CommonPoint Mortgage Company ( CommonPoint ), betw een 1991 and 1997? After the bankruptcy filing automatically stayed the district court action against CommonPoint, the district court remanded Movants claims against ContiMortgage and GreenTree Mortgage to the state court, w hich certified a class. How ever, for a class proof of claim ...

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