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Opinions

The Bankruptcy Court for the Western District of Michigan offers a database of opinions for the years 1999 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

This, in part, prompted the Credit Union to address this issue on the credit application, and made Ms. Russell s misrepresentation material to the Credit Union s decision to extend credit. After the Credit Union approved Ms. Russell s application, Mr. Van Dyken called Ms. Russell s father to say, Charlie, you got yourself a truck. Testimony from the Credit Union s loan officer, Darcy Krause, established that the Credit Union relied upon the application and a credit report that it reviewed...

The United States District Court for the Western District of Michigan has referred the Debtor s case and related proceedings, including this adversary proceeding, to the United States Bankruptcy Court. When discussing a bankruptcy court s control over the administration of an estate, the high court noted that the interests of the estate and the parties, and notions of comity, may properly lead a bankruptcy court to defer to a State court s concurrent jurisdiction. More recently, the Supreme...

United States Bankrukptcy Court For The Western District Of Michigan In re: Doris E. Russell, Case No. Chapter 7 Astera Credit Union fka Auto Body Credit Union, Plaintiff, Adversary Proceeding No. Judgment In An Adversary Proceeding Present: Honorable Scott W. Dales United States Bankruptcy Judge This adversary proceeding was tried by the court without a jury, and for the reasons set ...

A representative at Bello named Molley disclosed that Bello was not Pandora or an authorized Pandora retailer, but she did offer Mrs. Hatch a loan to purchase the start-up inventory that Pandora required to begin carrying its line. 25, 19:23-20:3. As the relationship between the Hatches and Bello developed, it became clear that Bello s willingness to make the startup loan depended upon the Hatches agreement to re-sell Pandora beads to Bello. The Hatches placed the order, ...

Order Re: Motion To Withdraw As Counsel Present: Honorable Scott W. Dales United States Bankruptcy Judge I. Introduction After attorney Nicholas Reyna s attorney-client relationship with Chapter 7 Debtor Abraham M. LaCourse (the Debtor ) broke down, he filed a Motion to Withdraw as Counsel (the Motion, Dn 25). The Debtor filed a response to the Motion, and the court conducted a hearing in Kalamazoo, Michigan on February 15, 2012. At this point, the ...

United States Bankruptcy Court For The Western District Of Michigan Opinion And Order Regarding Motion To Set Aside Discharge United States Bankruptcy Judge I. Introduction Chapter 7 Debtors Donald C. Smith and Mary T. Blochberger (the Debtors ) move for an order setting aside their discharge so that they may negotiate, sign, and file a reaffirmation agreement regarding their residential mortgage loan. P. 1017(e) and 4004(a), the court entered a discharge order (the Discharge, Dn 21). ...

United States Bankruptcy Court For The Western District Of Michigan Supplemental Opinion And Order Regarding Denial Of Confirmation And Dismissal Of Case United States Bankruptcy Judge I. Introduction On November 10, 2011, Dennis St. Vincent (the Debtor ) filed a Chapter 13 bankruptcy petition, schedules, and a plan, shortly after a Chapter 7 bankruptcy trustee in Minnesota (the Minnesota Trustee ) named him as a defendant in an adversary proceeding. The Debtor s Chapter 13 Plan (the Plan...

First, the court interprets the Plan as imposing upon the Debtors at least three payment obligations: (1) the obligation to make weekly plan payments (Plan at I.A.); (2) the obligation to pay into the Plan all disposable income as defined by 11 U.S.C. 1325(b)(2) for not less than the applicable commitment period (Plan at I.C.); and (3) the balloon payment as may be necessary to complete payments required under the Plan within 60 months of Plan confirmation (Plan at I.D.). Second, ...

United States Bankruptcy Court For The Western District Of Michigan Opinion And Order Regarding Sale Motion United States Bankruptcy Judge Brian Hopkins (the Debtor ) owned B&D Enterprises, Llc, a single-member Michigan limited liability company (the Llc ). The Llc owns real property commonly known as 425 S. Stewart, Big Rapids, Michigan (the Property ). Therefore, to the extent applicable law authorizes the Trustee to cause the Llc to sell the Property, the court will acknowledge the ...

Judge James D. Gregg

First Horizon Home Loan Corporation, Kjell Alexander Aumaugher, Angela Aumaugher, & Kristiane Marie Aumaugher, Plaintiffs, Adv. , Kalamazoo, Michigan, attorney for First Horizon Home Loan Corporation, Kjell Alexander Aumaugher, Angela Aumaugher, and Kristiane Marie Aumaugher, Plaintiffs. The Bergemans subsequently sold the property to Kjell Alexander ( Alex ) Aumaugher, his wife Angela Aumaugher, and his sister, Kristiane Marie Aumaugher (the Aumaughers )...

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