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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: Lora Brown S October 30, 2008 Motion Appearances: Lora J. Brown Daniel W. Brown Jeff A. Moyer, Esq. Included among its agreed upon provisions was the requirement that Dr. Brown pay to Ms. Brown a monthly amount on account of her share of Dr. Brown s chiropractic business. Ms. Brown will have the same ability should this court ultimately rule in Ms. Brown s favor concerning her exemption of Dr. Brown s obligation under the judgment of divorce ...

Flat River had had a lending relationship with either Isabella Bank or its predecessor in interest since 2002.3 Dr. Weeks, in turn, had personally guaranteed whatever indebtedness Flat River owed to the bank. Isabella Bank also had Dr. Weeks sign a new guaranty of Flat River s debts on that same day. In other words, Isabella Bank, Flat River, and Dr. Weeks found themselves at a crossroad in their relationship when the Flat River line of credit expired shortly after Dr. Weeks had received his ...

Chief Judge Scott W. Dales

United States Bankruptcy Court For The Western District Of Michigan In re: Patrick R. Dunne and Kathleen M. Dunne, fka Kathleen M. Lind, Debtor. 07?80615 Declaratory Judgment In An Adversary Proceeding This adversary proceeding was tried by the court without a jury. captioned adversary proceeding, is excepted from discharge under 11 U.S.C. 523(a)(15). It Is Further Ordered that the Kent County Circuit Court may enforce the Judgment of ...

United States Bankruptcy Court For The Western District Of Michigan In re: Spencer Wade Thomas, Sr. and Audrey Lynette Higgins-Thomas, Debtors. The Debtors originally commenced this bankruptcy case on December 21, 2006 ( Petition Date ) by filing a voluntary petition under Chapter 7. It appears that sometime in 2004 the Debtors 1 For convenience, I will refer to the cancellation of debt as Cod, and the resulting income as Cod income. Having said this, I would urge ...

07-80585 v. Lee Vanpopering and Shagbark Development, Inc., Defendants. Order Granting Motion To Compel Present: Honorable Scott W. Dales United States Bankruptcy Judge For the reasons set forth in the Memorandum of Decision dated January 8, 2009 (the Memorandum of Decision ), Now, Therefore, It Is Hereby Ordered that the Defendants Motion to Compel Turnover of Escrowed Funds (Dn 43) is Granted; It Is Further Ordered that the Plaintiff shall disburse the ...

08-80384 v. David John Buckowing and Melissa Joyce Buckowing, Defendants. Memorandum Of Decision And Order Denying Motion For Default Judgment Present: Honorable Scott W. Dales United States Bankruptcy Judge Plaintiff Byron Bank ( Bank ) filed a motion for judgment by default (Dn 6), pursuant to Fed. P. 55, because Defendants David Buckowing and Melissa Buckowing failed to answer or otherwise respond to the Bank s complaint.

Dg 08-06277 Chapter 7 Hon. Scott W. Dales Memorandum Of Decision Regarding Motion To Approve Reaffirmation Agreement Present: Honorable Scott W. Dales United States Bankruptcy Judge On December 29, 2008, Debtors John and Danada Schiverdecker (the Debtors ) filed a reaffirmation agreement dated December 16, 2008 (the Reaffirmation Agreement ) (Doc. Because the Debtors negotiated the Reaffirmation Agreement without counsel, the Bankruptcy Code permits the court to approve the Reaffirmation ...

See Order on Debtor's Application for Waiver of the Chapter 7 Filing Fee (Dn 5) (the "Order"). See Response to Application for Waiver of Filing Fee (the "Response") (Dn 15). I will treat the Response as a motion under either Fed. One reason for this policy is that barring attorney fee payments might have the unintended effect of rendering fewer debtors eligible for installment payments, thereby causing more debtors to seek a fee waiver instead.

Judge James D. Gregg

Discussion A. Is This Adversary Proceeding a Proceeding Arising Under Title 11 or Is It a Proceeding Arising in or Related to a Case Under Title 11? Venue in bankruptcy cases is governed by 28 U.S.C. 1409 which provides, in pertinent part, as follows: (a) Except as otherwise provided in subsections (b) and (d), a proceeding arising under title 11 or arising in or related to a case under title 11 may be commenced in the district court in which such case is pending. Throughout the ...

E.D. Mich. Feb. 4, 2005) (Shefferly, J.) presented the question of whether a Michigan debtor could exempt real property located in Louisiana through application of the Michigan entirety statutes relied upon by the Debtor here. That court declined to apply the Michigan statutes to the claimed exemption of the Louisiana property, stating as follows: [T]he law of the Debtor s domicile is Michigan and Michigan law provides that the law of the state in which the real property is located governs ..

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