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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

Hon. Scott W. Dales Opinion And Order Regarding Motion To Compel Present: Honorable Scott W. Dales United States Bankruptcy Judge U.S. Bank, National Association ( U.S. Bank ), as Trustee and for the benefit of Fmac Loan Receivables Trust 1998? On August 7, 2009, the Debtors filed a Notice of Taking Deposition Duces Tecum under Rule 30(b)(6) (the Deposition Notice ) requesting that U.S. Bank designate a person who: (a) Is responsible for overseeing the ...

United States Bankruptcy Court For The Western District Of Michigan Opinion Regarding Lift Stay Motion William Freeland, without benefit of counsel, commenced an Adversary Proceeding1 to except from discharge under 11 U.S.C. 523(a)(2) and (4), certain claims against Robert and Heather Kolesar (the Debtors ). In addition, Mr. Freeland filed a Motion for Relief from the Automatic Stay in the Debtors bankruptcy case (Dn 27, the Motion ) seeking an order granting immediate relief from the ...

Opinion And Order Regarding Spindletop Energy, Llc S Motion To Dismiss Objection And Compel Distribution Present: Honorable Scott W. Dales United States Bankruptcy Judge On April 1, 2009, Jordan River Liquidating Trust ( Jrlt ) filed an Objection to Claims and Interests of Spindletop (Base Case Dn 599, the Objection ),2 alleging that Spindletop Energy, Llc ( Spindletop ) assigned its interest in the stock of Superior Petroleum Corporation ( Spc ) to an ...

Dg 09-04594 Chapter 7 (Converted Sept. 24, 2009) Hon. Scott W. Dales Opinion And Order Regarding United States Trustee S Limited Objection To Debtors Conversion Of Case To Chapter 7 Present: Honorable Scott W. Dales United States Bankruptcy Judge Shortly after the court entered an order granting, in part, the Chapter 13 Trustee s motion for summary judgment in the contested matter related to the confirmation of the Chapter 13 Debtors proposed plan, but before the court could hold a long-...

Hon. Scott W. Dales Order Regarding Summary Judgment Motion Present: Honorable Scott W. Dales United States Bankruptcy Judge This contested matter arises out of the Motion to Enforce and Implement Terms of Fourth Amended Joint Plan of Reorganization or, in the Alternative, to Convert Case (Dn 486, the Motion to Enforce ) filed by U.S. Bank, National Association ( U.S. Bank ), as Trustee for the benefit of Fmac Loan Receivables Trust, 1998-C, and U.S. Bank,...

Hon. Scott W. Dales Opinion And Order Regarding Motion For Reconsideration Present: Honorable Scott W. Dales United States Bankruptcy Judge In an Opinion and Order Regarding Motion to Compel dated September 22, 2009 (Dn 536, the Opinion and Order ), the court directed U.S. Bank, National Association ( U.S. Bank ), as Trustee and for the benefit of Fmac Loan Receivables Trust 1998? Indeed, if U.S. Bank is acting as indenture trustee as the Reconsideration 1...

08-10348, the court held separate trials on September 23, 2009 to consider the Chapter 7 trustee s objection to amended exemption claims involving income tax refunds. Ms. Phandanouvong and Ms. Busher (the Debtors ) initially failed to list their anticipated 2008 tax refunds (the Refunds ) on Schedules B or C, but after filing their income tax returns, both Debtors promptly filed amended schedules to disclose the Refunds and claim them as exempt. If the Trustee is not seeking to recover ...

Judge James D. Gregg

Memorandum Opinion Granting Debtor S Motion For Reconsideration And, Upon Reconsideration, Restating Denial Of Debtor S Motion To Enforce The Automatic Stay Appearances: Christian G. Krupp, Ii, Esq. Because the automatic stay only protects property of the debtor or the debtor s bankruptcy estate, see 11 U.S.C. 362(a), the court determined that the Debtor must first establish that the property seized by the Creditors belonged to the Debtor individually, ...

Approximately four months later, in November, 1999, Keyton obtained a $170,000 loan from Flagstar to Keyton s Development granting Flagstar a mortgage (Exh. At the same time he was brokering the Strickers loan, Keyton was also negotiating, for himself, at least eight personal loans, secured by mortgages, from Flagstar (the Keyton 9 Personal Loans ). Keyton paid it to Flagstar but, apparently on his instructions, Flagstar applied the funds to the Keyton Personal Loans (Trans

Discussion A. Is Fifth Third Entitled To Receive As Administrative Rent Under Section 503(b)(1)(A)1 The Two Postpetition Monthly Payments That Came Due Under The Lease Before Debtor Rejected It? This section [Section 541] defines property of the estate, and specifies what property becomes property of the estate. 17. Indeed, the Committee suggests that executory contracts and unexpired leases immediately became property of the estate under the Bankruptcy Act just as they now do under the ...

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