You are here

Opinions

The Bankruptcy Court for the Western District of Michigan offers a database of opinions for the years 1998 to present, 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

United States Bankruptcy Court For The Western District Of Michigan In re: Ernest Allen Summers and Beverly Summers, Debtors. Debtors Ernest and Beverly Summers (the Debtors ), now appearing pro se, objected to the fee petition, and the court conducted an evidentiary hearing over two days in Grand Rapids, Michigan. The court, therefore, rejects the Debtors challenge to Ms. Johnson s Revised Rate, qualifications, and service.

The Plaintiffs did not consummate the purchase and the Defendant-Debtor Gina Marie Jones ( Defendant ),1 to whom they tendered the Deposit, refused to return it. , and Michigan Administrative Rule 125.1403, the Deposit the Plaintiffs tendered to the Defendant comprised the res of the statutory trust upon which the Plaintiffs premised their fiduciary breach claim. With respect to consumer deposits, the Act provides that a manufactured home dealer, such as the Defendant, shall not: (b) ...

Opinion Regarding Rule 52 Motion This adversary proceeding involves Plaintiff Chapter 7 Trustee James W. Boyd s preference claim against Defendant James A. Petrie, as trustee of the James A. Petrie Trust. Therefore, on the date of trial, even assuming the Trustee properly asked the court to take judicial notice of the claims register, the court was not required to accept the contents of each proof of claim listed on the schedules or claims register as ...

Opinion Regarding Debtors' Motion to Avoid Lien

Dg 08-03444 Chapter 11 Hon. Scott W. Dales Opinion And Order Regarding Surcharge Hearing Present: Honorable Scott W. Dales United States Bankruptcy Judge This matter is before the court after a hearing held on May 7, 2009 (the Surcharge Hearing ) to consider whether to surcharge a creditor s collateral to recover the Chapter 11 trustee s fees and professional expenses. The court has previously set forth a detailed account of the facts regarding the Trustee s surcharge request and the ...

The parties agree that the Creditor s lease rejection damage claim, putting aside mitigating offsets and the statutory cap for the moment, is $670,615.59 (the Rejection Damages ). Because the uncapped amount exceeds the statutory cap, the statutory cap is the allowable amount of the Creditor s Claim. The court concludes that upon timely objection to a lessor s rejection damages claim, a lessor must account for any mitigation in establishing the amount of the claim or right to payment, ...

Supplemental Opinion Regarding Disgorgement of Fees and Debtor's Motion to Ratify Sale

The property claimed as exempt belongs to the debtor and not the estate-even if the exemption is improper. 2008) ( Generally, if the debtor claims property as exempt and a party in interest does not object, that property is exempt from property of the estate. Cormier, of course, is correct that Taylor did not discuss what property may be exempted under that section or how a debtor may claim an in-kind exemption to assert the entire property as exempt.

Dg 09-04594 Chapter 13 Hon. Scott W. Dales Opinion And Order Regarding Trustee S Summary Judgment Motion Present: Honorable Scott W. Dales United States Bankruptcy Judge Chapter 13 Trustee Brett N. Rodgers ( Trustee ) filed objections to the Debtors Chapter 13 Plan and exemption claims on the grounds that the Debtors have not acted in good faith in this proceeding. The Trustee filed such a motion on July 29, 2009 (Dn 42, the Motion ) and the Debtors filed a onepage response (Dn 53, the ...

According to Plaintiff, Mr. Smith is a former shareholder and officer of Smith Petroleum Co. Plaintiff s basis for jurisdiction with this court rests solely upon Plaintiff s acquisition of the purported interest from the estate through a sale authorized by this court. Therefore, if this court has jurisdiction to hear this matter, this court itself must be satisfied that Congress has conferred it with that jurisdiction. That section states as follows: (b) Notwithstanding any Act of Congress ...

Pages