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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.

Judge James D. Gregg

The Motion seeks court approval of a settlement agreement in an adversary proceeding brought by the Trustee against Toyobo Co., Ltd., Toyobo America, Inc., Tadao Kuroki, Yoshinari Ohira, and Masakazu Saito 2 (collectively Toyobo or the Toyobo Defendants ). In its letter announcing the commercialization of Zylon, Toyobo advised its customers that Toyobo is responsible for the qualities of Zylon or Zylon material which Toyobo provides but can not be responsible for the products made of or ...

Despite the Defendant s timely answer, the Debtor filed a Motion for Re-Entry of Default Judgment on January 28, 2011 (the First Motion ). 53.) On June 14, 2011, after the hearing on the Second Motion, but prior to entry of the order denying the motion, the Debtor filed a Motion for Rule 60(b) Relief from an Order andor Motion for Reconsideration of Order: Motion for Entry of Default Judgment (the Motion to Reconsider ). 51.) The Debtor s Motion to Reconsider again restates the ...

The Debtor owns Lot 5 of the platted property; the Bank s mortgage covers Lot 6 of the platted property. Issues Is the Bank s asserted mortgage on Lot 5 invalid because the legal description pertains to platted property and is erroneously stated to be Lot 6? If the Bank s mortgage may be valid, may the Trustee avoid the mortgage under 544(a)(3) of the Bankruptcy Code? M), Bank has a mortgage on the Debtor s real property, Lot 5 or, the Debtor s other real property, Lot 4. 13 Terri G. ...

Richard E. Owens (the Debtor ) and Anne M. Owens ( Ms. Owens ) were divorced prior to the filing of the Debtor s bankruptcy case. The Debtor objected to the purported withdrawal, asserting that Ms. Owens lacked the ability to withdraw the claim as of right and that the court should not permit the withdrawal under Federal Rule of Bankruptcy Procedure 3006. Accordingly, the prior adversary proceeding does not bar withdrawal of Ms. Owens proof of claim.8 Second, the Debtor argues that Ms. ...

Opinion Re: Debtors June 15, 2011 Motion - Exemption On June 30, 2011, this court heard Debtors June 15, 2011 motion entitled Debtors Request for Hearing and Motion for Reconsideration of the Court s June 8, 2011, Provisional Order. The June 15, 2011 motion was in reference to this court s provisional order entered on June 8, 2011 (Dn 36). The court denied Debtors June 15, 2011 motion for the reasons stated on the record at that time. This court ...

Opinion Re: Cendant Mortgage Corporation S November 5, 2010 Motion - Stay Cendant Mortgage Corporation ( Cendant ) seeks relief from the automatic stay because of Debtors post-confirmation defaults on a long term indebtedness secured by their residence. At issue is whether Section 1329, which governs post-confirmation plan amendments, permits Debtors to fend off Cendant s stay motion in this fashion.8 The court had scheduled an evidentiary hearing. ...

Chief Judge Scott W. Dales

The Debtor timely filed a motion to reconsider the Order (Dn 37, the Reconsideration Motion ) on the ground that the court entered the Order mistakenly believing the state court had entered judgment against Ms. Vergari. At that time, the parties explained that this controversy arises out of state court litigation initially between the Debtor and Kohn, but it eventually embroiled Ms. Vergari in proceedings to collect a judgment that Kohn obtained against the Debtor. Because the court was ...

United States Bankruptcy Court For The Western District Of Michigan In re: David L. Field and Susan L. Field, Debtors. Dk 11-03944 Chapter 7 Hon. Scott W. Dales Memorandum Decision And Order Present: Honorable Scott W. Dales United States Bankruptcy Judge On April 7, 2011, Debtors David L. Field and Susan L. Field ("Debtors") filed a voluntary petition for relief under Chapter 7, together with an application to waive the filing fee or the in forma pauperis application...

An email exchange dated July 11, 2005 between Mr. Wickard and Ms. Davis corroborates Mr. Wickard s ownership interest in Advantage properties, where Mr. Wickard advised Ms. Davis that there would be owner capital payments into . . . The fact that Ms. Davis directed such a question to Mr. Wickard rather than Ms. Romero is consistent with Mr. Wickard s having an ownership or capital interest in Advantage, contrary to the testimony of Mr. Wickard and Ms. Romero, which the court does not ...

United States Bankruptcy Court For The Western District Of Michigan Opinion And Order United States Bankruptcy Judge This controversy revolves around the divorce judgment ( Jod ) that ended the marriage of Debtor-Defendant Debra J. Spencer and Plaintiff Robert A. Murtha, and the parties different interpretations of that judgment in several respects. The court regarded the Oakland County Circuit Court (the State Court ) as the appropriate forum to determine the nature of the Debt (whether ...

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