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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

See Motion to Page 1 of 4 Consolidate Appeals ( Motion to Consolidate, Dn 273) and Motion Pursuant to Federal Rule of Civil Procedure 59(e) to Alter or Amend Judgment ( Rule 59 Motion, Dn 274, and with the Motion to Consolidate referred to collectively as the Motions ). Although this court does not have authority to consolidate appeals pending before the United States District Court, it does have authority, in aid of the District Court s jurisdiction, to enter a separate judgment in ...

The Ust also contended that the Debtor made a false oath at his first meeting of creditors when he testified that his attorney prepared the petition naming Ms. Eerdmans as a debtor, and faxed or emailed it to the Debtor for his signature. The caption of the petition named both Donald Eerdmans and his estranged wife, Page 3 of 13 Pamela Eerdmans ( Ms. Eerdmans ) as joint debtors, but only Donald Eerdmans signed the petition. From the review of the petition itself, the Debtor s trial ...

More than one year after entry of judgment, the Defendants made a Motion to Reconsider the Order Denying Discharge (the Motion, Dn 14), presumably under Rule 60(b), made applicable to the judgment under Bankruptcy Rule 9024.1 The Defendants assert that because they finally obtained the documentation the Plaintiff had previously requested, the court should relieve them of its judgment denying their discharge. The court granted the 1 In this Opinion, Rule shall refer to one of the Federal ...

P. 69, the Plaintiff argues that Michigan s interest in enforcing its own judgments requires the court to apply the forum s law in garnishment proceedings involving unemployment benefits (and proceeds of benefits) that a Colorado domiciliary receives, in Colorado, pursuant to Colorado s unemployment insurance program. Consequently, the court will apply Colorado law, recognizing that the Defendant s unemployment benefits are exempt, but only to the extent they are protected under Colorado law...

Aurora now moves for Judgment on Partial Findings (Dn 249, the Motion ) regarding Frontier s claims that Aurora: (1) breached the fiduciary duty it owed Frontier; (2) breached its duty to act as a reasonably prudent operator; (3) underpaid royalties to Frontier as to the Corwith Agreement; and (4) breached the Hudson Agreement by improperly deducting charges for compression from Frontier s royalty. Therefore, the court will enter judgment for Aurora dismissing Frontier s breach of fiduciary...

P. 3012 (the Valuation Motion, Dn 42) so the court could value the property Page 1 of 22 that the Debtor proposes to transfer. Here, the Debtor has asked the court to value the Northwestern and Oleson Collateral in connection with the Debtor s proposed Plan. Just like the Debtor s use of the Sev in valuing the Northwestern Collateral, using the Sev to value the Oleson Collateral is undependable and not sufficiently property-specific.

United States Bankruptcy Court For The Western District Of Michigan Report And Recommendation United States Bankruptcy Judge Background This Report and Recommendation is based upon the Trustee s Motion for Default Judgment against Defendant, Rhonda Cayo (the Motion ). In making this Report and Recommendation, I have reviewed the Complaint (annexed hereto as Exhibit A) filed by Chapter 7 Trustee Scott A. Chernich ( Trustee ) against Defendant Rhonda Cayo ( Defendant ), and have carefully ...

The Motion arises from letters that Wingspan sent to the Debtor, Mark G. Reuss, Jr. (the Debtor ), and his counsel, Thomas J. Budzynski, to make post-discharge arrangements to recover its collateral. In addition, Debtor s counsel1 further narrowed the issues by conceding that if any contempt occurred, it occurred when Wingspan sent a letter dated December 3, 2010 (the December Letter ) to Mr. Budzynski several months after Mr. Budzynski advised Wingspan that the Debtor intended to ...

Order at A.2. Recognizing that transcripts, like other court filings, may contain personal identifiers within the meaning of Bankruptcy Rule 9037(a), the court s transcript policy permits an interested party to file a notice of intent to request redaction followed by a request for redaction under Bankruptcy Rule 9037(a). Order at B & C. Within the allowed time, Immanuel Llc (the Debtor ) filed its Notice of Intent to Request Transcript Redaction (Dn 181) and its Request for Redaction ...

Attorneys for Defendant Trustee Marcia Meoli has sued The Huntington National Bank ( Huntington ) to recover over $73 million1 in fraudulent transfers Huntington allegedly received either directly from Teleservices Group, Inc. ( Teleservices ) itself or indirectly through a related company, Cyberco 2Teleservices Group, Inc. and Cyberco Holdings, Inc. were related companies with a common owner. Indeed, this case presents the odd situation of Huntington asserting its good faith under Section...

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