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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

Indeed, Mr. Rhinehart unequivocally testified that even if the Lenders had immediately re-delivered the Quit Claim Deeds to the Debtor, Roady s would have nevertheless eschewed the transaction. Moreover, after the Lenders recorded the Quit Claim Deeds and the repossession agents appeared on the Debtor s premises, the Debtor clearly had notice of the default in making the Balloon Payment. As a practical matter, the Debtor is complaining not that the Lenders prematurely recorded the Quit ... V

United States Bankruptcy Court For The Western District Of Michigan Opinion And Order Regarding Defendant S Summary Judgment Motion United States Bankruptcy Judge Plaintiffs David Hedrick ( Hedrick ) and Hedrick s chapter 7 bankruptcy trustee, Basil Simon (collectively, the Plaintiffs ), filed a complaint against Defendant Thomas Miller ( Defendant ) that seeks a judgment excepting an alleged fraud debt (the Debt ) from discharge pursuant to 11 U.S.C. 523(a)(2)(A) and (B). The Debt arose ...

The state court entered judgment against Mr. Frank and Landtec on January 28, 2008 (the Judgment ). If the state court judgment merits preclusive effect in the courts of the rendering state, the bankruptcy court must then give the state court judgment collateral estoppel effect unless it finds that an exception to the Full Faith and Credit Act exists. The bankruptcy court does not sit as an appellate court to review state court judgments, including the Judgment in this matter.

Order Re: Stipulation For Relief From Stay Present: Honorable Scott W. Dales United States Bankruptcy Judge The court held a hearing on March 18, 2010 in Traverse City, Michigan to consider the stipulation for relief from the automatic stay filed by Deutsche Bank National Trust Company (the Bank ). At the hearing, counsel for the Bank indicated that the Bank had served the proposed Stipulated Agreement upon the twenty largest creditors as Rule 4001 ...

Before Mr. Hardy s deadline for answering the complaint and before any formal discovery has taken place, Ferguson filed a motion for summary judgment (the Motion, Dn 3). The court has determined to rule on the Motion without oral argument. Mr. Hardy responded, with an unsworn document, entitled Affidavit of Scott C. Hardy, explaining that Mr. Hardy s defense depends upon access to the books and records of his former company, Arms & Cole, Inc. ( Arms & Cole ), which is itself a debtor in ...

Opinion Re: Trustee S April 9, 2009 Objection To Debtors Claim Of Exemptions Jeff A. Moyer ( Trustee ) has objected to the exemption of federal and state tax refunds now claimed by Terry and Julie Trudell. Trustee concedes that the Trudells 2008 tax refund qualifies for exemption under Section 522(d)(5).6 Trustee also agrees that the Trudells have more than enough available under that subsection to cover the entire amount claimed. Trustee has not had ...

Wyoming, Michigan, attorney for the Chapter 7 Trustee Jeff A. Moyer ( Trustee ) has filed a motion under Section 542 of the Bankruptcy Code1 to recover from Debtors William and Kimberly Fleming tax refunds and other amounts that had become the estate s property upon the commencement of their Chapter 7 case. of property that the trustee may use, sell, or lease under section 363 of this title, or that the debtor may exempt under section 522 of this title, shall deliver to the trustee, and ...

4 Turner is correct that while Section 101(5) may define what a claim is, it does not speak to the status of the claim, that is, whether the claim is a prepetition claim, a postpetition claim, an administrative expense claim, or an unsecured, secured or priority claim. As already indicated, Section 1322(a)(2) requires Ms. Hight to pay all priority claims, including all Section 507(a)(8) tax claims, in full over the term of the plan. Although the claim did not in fact become a right to ...

Judge James D. Gregg

Although now unknown, this court believes, given the state court s Temporary Order, that the credit card debts are joint debts. It deleted the references to 523(a)(15). Therefore, like support nondischargeability determinations, the bankruptcy courts and the state courts now have concurrent jurisdiction over property settlement nondischargeability determinations. Should the division of the parties martial property be decided by this bankruptcy court or the state divorce court?

For several years prior to 2008, the Debtor maintained residences both in Michigan (Moon Lake Property and the Cabin Property) and in Wisconsin (Wisconsin Cottage). The court s findings of the values of various categories of the Debtor s personal property are shown in the table below: Category Michigan Wisconsin Cash $400.00 Bank Deposits $29,242.313 (Debtor Exh. 11 Category Michigan Wisconsin Wisconsin Cottage -0 $ 284,0008 Moon Lake Property $09 -0 3-40 Acre Parcels $225,00010 -0 Michigan...

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