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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.

Chief Judge Scott W. Dales

In support of the dismissal motion (Dn 165) (the Motion ), the Trustee alleges that the Debtors failed to make plan payments, and that the Plan is currently running at 72 months. Thus, it appears the Trustee based her plan payment calculations (and this Motion) on the assumption that the plan required Land Contract payments to be remitted to the Trustee almost a year before the Land Contract payments actually started. Indeed, one of the Trustee s dismissal motions referred to the Debtors ...

Lowe submitted a Personal Balance Sheet ( Pbs ) regarding his personal assets and liabilities, and other financial statements for his companies, including bank account statements. At trial, Owens and the Bank appeared to narrow their non-dischargeability claim down to 11 U.S.C. 523(a)(2)(B), premising their request for relief on Lowe s written misrepresentations regarding his financial condition and the financial condition of the accounting firm which Lowe then owned through Lowe & Company...

Lowe submitted a Personal Balance Sheet ( Pbs ) regarding his personal assets and liabilities, and other financial statements for his companies, including bank account statements. At trial, Owens and the Bank appeared to narrow their non-dischargeability claim down to 11 U.S.C. 523(a)(2)(B), premising their request for relief on Lowe s written misrepresentations regarding his financial condition and the financial condition of the accounting firm which Lowe then owned through Lowe & Company...

Memorandum Of Opinion And Order Regarding Certification To Court Of Appeals Pursuant To 28 U.S.C. 158(d)(2) Present: Honorable Scott W. Dales United States Bankruptcy Judge After a bench trial in this adversary proceeding, I issued findings of fact and conclusions of law (Dn 51) explaining my reasons for ruling against Plaintiff Kathleen M. Dunne ( Plaintiff ) on her complaint to declare her ex-husband s indemnification claim discharged under 11 U.S.C. ...

Memorandum Of Decision Regarding Trustee S Authority To Sell Trust Property Present: Honorable Scott W. Dales United States Bankruptcy Judge The court s Traverse City motion calendar for February 11, 2009 includes two related entries involving the above-referenced debtors: (1) Trustee s Request for Ruling Regarding Trustee s Authority to Exercise Debtor s Power to Sell the Assets of the Vivian E. Siddall Revocable Trust (Dn 33), and (2) Trustee s Motion ...

On April 20, 2007, Randy filed the Civil Complaint against Nicole and her 2 boyfriend Thomas Phillips, Sr. ( Tom ). Tom and Nicole (the Defendants ) are now married. Randy and his mother, Gail, claim that Nicole made unwelcome and incessant telephone calls to Randy, to the point that Gail suspected Nicole was a stalker. During the criminal trial, Bonnie stated that Nicole was sitting close to Randy with her arm around him, but in the bankruptcy trial she said Nicole was sitting on Randy...

United States Bankruptcy Court For The Western District Of Michigan Supplemental Opinion This matter is before the court after a bench trial on the complaint of Chapter 7 Trustee James W. Boyd ( Trustee ) against Defendant James A. Petrie as trustee of the James A. Petrie Trust ( Defendant ). The court will refer to the transfer of the Debtor s interest in the Lord Road Property as the Transfer and the date the Transfer occurred under 11 U.S.C. 547(e)(1) as the ...

Memorandum Of Decision Trustee Jeff A. Moyer ( Trustee ) filed the Trustee s Motion to Approve Sale of Non-Exempt Equity in Debtor s Real Property ( Motion, Dn 20), and the Debtor Yvonne Chipman filed an Objection to Trustee s Motion to Approve Sale of Non-Exempt Equity in Debtor s Real Property (the Objection, Dn 21). The court heard argument on the Motion during its April 2, 2009 motion day in Grand Rapids. The Debtor s Wild Card Exemption is, to some ...

08-80433 Report And Recommendation Regarding Plaintiff S Motion For Default Judgment Background This Report and Recommendation is based upon the Trustee s Motion for Default Judgment against Defendant, Hose Rosario (the Motion ). In similar matters, I have determined that the Bankruptcy Court lacked jurisdiction to enter final judgment in such a situation, and that it must proceed by recommending that the District Court grant the motion for default judgment, rather than by granting the ...

Judge James D. Gregg

In 1998, Richard and Evangeline Edlund (the Edlunds ) sold property located at 2331 McCracken, Muskegon, Michigan (the Property ) to David and Anne Vandenbosch (the Debtors ) on land contract. The Debtors continued to pay the amounts due under Loans 1 and 2 directly to the Bank as their monthly land contract payment until the loans were refinanced and consolidated into Loan 3. After the Edlunds obtained Loan 3, the Debtors again continued to make all payments on the Edlunds loan directly...

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