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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.

Hg 05-00690 Teleservices Group, Inc., Debtor. Opinion Re: Huntington National Bank S Motions For Substantive Consolidation The Huntington National Bank ( Huntington ) has filed separate motions to substantively consolidate the Chapter 7 cases of Cyberco Holdings, Inc. ( Cyberco ) and Teleservices Group, Inc. ( Teleservices ). Of such a claim the bankruptcy court cannot retain further jurisdiction unless the claimant consents to its adjudication in the ...

Hg 05-00690 Teleservices Group, Inc., Debtor. Opinion Re: Huntington National Bank S Motions For Substantive Consolidation The Huntington National Bank ( Huntington ) has filed separate motions to substantively consolidate the Chapter 7 cases of Cyberco Holdings, Inc. ( Cyberco ) and Teleservices Group, Inc. ( Teleservices ). Of such a claim the bankruptcy court cannot retain further jurisdiction unless the claimant consents to its adjudication in the ...

Chief Judge Scott W. Dales

1367 (2010), because the court was concerned that invalidating Pnc s mortgage through the Plan is inconsistent with the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure, specifically Rule 7001. Indeed, in Espinosa, the Supreme Court clearly stated that 11 U.S.C. 1325(a) "requires bankruptcy courts to address and correct a defect in a debtor's proposed plan even if no creditor raises the issue." In reaching its decision in Espinosa, the Supreme Court was careful to note that it ...

Opinion And Order Regarding Motion For Disgorgement Of Attorney S Fees Present: Honorable Scott W. Dales United States Bankruptcy Judge The court received a letter dated August 25, 2010 (Dn 19) from the debtor, Elizabeth Harwell ( Debtor ), complaining that her legal counsel, Legal Helpers, Pc ( Legal Helpers or the Firm ), failed to adequately represent her throughout the course of her Chapter 7 bankruptcy case. Legal Helpers did not charge the Debtor anything ...

Ms. Steinbeck testified that she has been affiliated with the Debtors since 2008, prior to Debtors filing their voluntary Chapter 11 petitions. The court credits Ms. Steinbeck s and Mr. Bader s observations about diminished traffic following the filing of the Debtors bankruptcy petitions, and infers the Debtors sales will improve after confirmation, if the court permits them to remain in Chapter 11. The other creditor-witnesses who testified all opposed conversion. In other words, ...

Opinion And Order Regarding Claims Filed By Brad Saffron Present: Honorable Scott W. Dales United States Bankruptcy Judge This matter comes before the court on the objection of Elaine Saffron (the Debtor ) to two claims that her ex-husband, Brad Saffron, filed in her Chapter 13 case. Although the Debtor agrees that Mr. Saffron has a claim in the amount of $103,685.00 under a divorce judgment, she contends that Mr. Saffron s other claims are unenforceable under...

Because the Debtor failed to pay the insurance premiums in 2007, the Policy lapsed according to its terms, which meant that the insurance company used the cash value portion of the Policy to fund the Debtor s term insurance. As a result, Congress gave debtors the option to exempt the unmatured insurance policy itself under 11 U.S.C. 522(d)(7). Debtors who claim the exemption under 522(d)(7) may continue to enjoy the insurance protection, and may designate or change beneficiaries under ...

10-80022 Fund, Plasterers Apprenticeship Trust Fund, Cement Masons Vacation & Holiday Trust Fund-Detroit & Vicinity, Michigan Trowel Trades Health & Welfare Fund, and Plasterers Dues Fund, Plaintiffs, v. Craig Duane Warren, Defendant. Plaintiffs obtained a judgment against 1 The Plaintiffs (unincorporated voluntary associations organized to collect benefits due to laborers) include the Plasterers Local 67 Pension Trust Fund, Plasterers Apprenticeship Trust Fund, Cement Masons Vacation & ...

Judge James D. Gregg

Regarding Schedule C - Property Claimed as Exempt, the Debtors elected the exemptions permitted under 11 U.S.C. 522(b)(2),2 the so-called federal exemptions. 5 On April 27, 2009, within the 30 day deadline to object to Debtors amended exemptions, the Trustee objected to the Debtors belated exemption of the tax refunds. 1998) (unpublished table opinion) (where debtor secretly transferred ordinarily exempt property prepetition, the exempt status was destroyed and debtor could not ...

In each of the amendments, the Debtor proposes to pay the Bank nothing, contending the Bank has been paid in full as a result of the Bank s prepetition sale by advertisement foreclosure of a real property mortgage in Michigan (sometimes referred to as the Michigan Foreclosure Sale ). W and X.) On April 10, 2008, the Bank s Michigan attorney published two notices of foreclosure sales regarding the two Michigan mortgages, scheduling the foreclosure by advertisement sales. After the Debtor ...

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