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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

United States Bankruptcy Court For The Western District Of Michigan Opinion And Order United States Bankruptcy Judge Plaintiff Zeeland Lumber & Supply Co. ( Zeeland Lumber ) filed a complaint against Defendant-Debtor Charles Harttung ( Mr. Harttung ), seeking a judgment declaring that Mr. Harttung s debt to Zeeland Lumber (the Debt ) should be excepted from discharge under 11 U.S.C. 523(a)(4) and the Michigan Building Contract Fund Act ( Mbcfa ), M.C.L. 570.151 et seq. After the close ...

United States Bankruptcy Court For The Western District Of Michigan Opinion And Order Re: Core Jurisdiction United States Bankruptcy Judge Plaintiff Sheila M. LaVoie, a Chapter 7 Debtor ( Plaintiff ) filed a complaint against her ex-husband and his divorce attorney, among others, to recover damages arising from supposed violations of the discharge injunction. In substance, Plaintiff seeks damages for the Defendants alleged contempt of the discharge injunction, alleging that Defendant ...

The creditor, Honor Credit Union (the Credit Union ), argues that liens float through bankruptcy, and that the debtors, Lc and Shirley Carouthers (the Debtors ), have failed to adequately protect the Credit Union s interest in the Chevy. In addition, the Plan includes a section entitled Secured 1 According to the Credit Union s proof of claim, Berrien Teachers Credit Union is now known as Honor Credit Union. See Plan, Dn 6, at p.12, F(1). The Debtors Plan did not specifically refer ...

Nine days after filing its petition, the Debtor filed its first motion for permission to use cash collateral,2 which the court denied because the Debtor failed to prove it could adequately protect the interests of its largest secured creditor, Cb 2010, Llc ( Cb 2010 ). In addition, the court must consider the debtor s proposed adequate protection before the court may authorize any use of cash collateral. Because Cb 2010 has an interest in rents, and because rents constitute cash collateral...

United States Bankruptcy Court For The Western District Of Michigan In re: Jan Christiaan Knibbe, Debtor. Shortly before the court entered that order but after the court orally announced its decision on the record, Mr. Knibbe submitted another letter reiterating his request for dismissal. The court obtained jurisdiction when Mr. Knibbe voluntarily filed his petition, and upon that filing, the court s protection extended to Mr. Knibbe s creditors as well.

United States Bankruptcy Court For The Western District Of Michigan Opinion And Order United States Bankruptcy Judge This matter is before the court upon the Debtor s Motion to Award Damages to the Debtor for Creditor Bremer & Bouman s Willful Violation of the Bankruptcy Stay and Refusal to Cooperate to Reverse Civil Complaint Actions (the Motion, Dn 87), and the response to the Motion that Bremer & Bouman Heating & Cooling, Inc. (the Creditor ) filed. Pro se debtor Richard Livingston (...

294Because the reopening fee is part of the Bankruptcy Court Miscellaneous Fee Schedule, the provision exempting the fee for services rendered on behalf of the United States applies. 295A private trustee must pay the reopening fee unless the court waives or defers the fee. A private trustee must pay the reopening fee from his or her personal funds unless the court waives the fee or defers payment of the fee pending recovery of additional assets

Under 11 U.S.C. 362(d)(2), the court may grant relief from stay if the debtor does not have equity in the property and the property is not necessary for an effective reorganization. The Debtors also claim an exemption in the Page 2 of 5 property of $14,910.00, under 11 U.S.C. 522(d)(1). Thus, argues Pnc, no equity exists in the property, and the court should grant relief from stay. In response, the Debtors eschewed the property s value as reported on their bankruptcy schedules and ...

Judge James D. Gregg

Response of the Liquidation Trustee to Michigan Trucking Llc s Motion to Dismiss for Failure to State a Claim ( Trustee s Response ), 15. (A.P. Dkt. Liquidation Trustee s Motion to Compel Michigan Truck Acquisition, Llc to Pay Certain Post-Closing Property Damage Claims Under the Court Approved Asset Sale and Purchase Agreement; Case Dkt. In its Motion to Dismiss, Michigan Trucking interprets this court s prior orders much differently than does the Liquidation Trustee.

Opinion Re: Motions For Leave To Appeal And Stay Pending Appeal Ronald and Sandra Mains ( Debtors ) have filed a motion for leave to appeal this court s decision to deny confirmation of their Chapter 13 plan. The bankruptcy court must ultimately determine whether the debtor s plan, given his or her individual circumstances, satisfies the purposes undergirding Chapter 13: a sincerely-intended repayment of pre-petition debt consistent with the debtor s ...

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