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Local Written 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

United States Bankruptcy Court For The Western District Of Michigan Opinion And Order Regarding Defendants Summary Judgment Motions United States Bankruptcy Judge Chapter 7 Trustee Thomas C. Richardson (the Plaintiff or Trustee ) filed a complaint to invalidate a mortgage and set aside the foreclosure sale of the Debtor s home under 11 U.S.C. 541 and 544(a)(3). The premise of the Trustee s complaint, as amended, is that neither Deutsche Bank National Trust Company ( Deutsche Bank or ...

United States Bankruptcy Court For The Western District Of Michigan Opinion And Order Regarding Mbd Rescue, Llc S Lift Stay Motion United States Bankruptcy Judge After the Debtor Michigan BioDiesel, Llc (the Debtor ) filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code, a group of interested parties formed Mbd Rescue, Llc ( Rescue ) to purchase the note and security documents formerly held by the Debtor s principal lender, Bank of America (the Bank ). Rescue has ...

United States Bankruptcy Court For The Western District Of Michigan Order Finding Debtor In Contempt United States Bankruptcy Judge I. Introduction The Chapter 7 Trustee intends to sell the Debtor s home, but the Debtor is resisting the Trustee s efforts. For reasons that follow, the court holds the Debtor, Michael A. Damman (the Debtor ) in civil contempt, and will again order him to cooperate with the Trustee regarding the proposed sale. Indeed, on May 29, 2012, after hearing from the ...

Opinion and Order REgarding Lift Stay and Receiver Motions In re Northgate Terrace Apartments, Ltd.

United States Bankruptcy Court For The Western District Of Michigan In re: Michelle R. Moore, Debtor. Dk 09-02783 Chapter 7 Hon. Scott W. Dales Order Regarding Creditor S Contempt Present: Honorable Scott W. Dales United States Bankruptcy Judge Pursuant to its Order to Show Cause dated June 28, 2012, the court held a hearing in Kalamazoo, Michigan on August 8, 2012 to consider whether Riverside Dental, P.C. (the Creditor ) violated the rights of Michelle R. Moore (...

United States Bankruptcy Court For The Western District Of Michigan Order Denying Motion For Relief From Judgment United States Bankruptcy Judge Precisely one year after the court s entry of a default judgment, Defendant James L. Langley filed a motion to set it aside under Fed. The Rule 55 Order also warned the Defendant that his failure to file the motion to set aside the entry of default would result in the court s issuing a default judgment against him. In fact, by entering the Rule 55 ...

Dk 12-06794 Chapter 11 Hon. Scott W. Dales Order Regarding Motion For Continuation Of Stay Present: Honorable Scott W. Dales United States Bankruptcy Judge Chapter 11 Debtor Lanphear Tool Works, Inc. ("Debtor") filed Debtor's Motion for Continued Automatic Stay Pursuant to 11 U.S.C. 362 (the "Motion," Dn 24). Although the Motion itself does not refer to any particular subsection of Section 362, the docket entry, presumably prepared by Debtor's counsel when he electronically filed the Motion...

Judge James D. Gregg

The Debtor claims an exemption in funds received as the result of a settlement of a worker s compensation claim pursuant to 11 U.S.C. 522(d)(10)(C) and (d)(11)(E). The Trustee objects. Michael W. Podein, Attorney Podein, the Debtor s counsel in his worker s compensation case, also testified. The Trustee s objection to the Debtor s exemption of the worker s compensation award is overruled.

The Bank=s complaint seeks a declaratory judgment that no common law landlord=s lien exists under Michigan law. In making their arguments in Shurlow, the plaintiffs argued that Michigan did not recognize statutory or common law landlords= liens; to the contrary, the defendant argued that Michigan recognized a common law landlords= lien in Kresge. Indeed, the court further holds that no such landlord s lien has ever existed under Michigan law.3 2 The Michigan Supreme Court acknowledged that ...

Because Perfect Line and B&T did not negotiate the checks, the trustee paid $17,648.97 in unclaimed funds (the Unclaimed Funds ) into the court and filed a Receipt of Unclaimed Funds. Several months after the court closed the case, a funds locator known as Dilks & Knopik, Llc (the Funds Locator ), on behalf of Perfect Line, filed an Application for Release of Unclaimed Funds pursuant to 28 U.S.C. 2042 (the Application, Dn 104). The court notes that a Split Fund Agreement between ...

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