United States Bankruptcy Court For The Western District Of Michigan Memorandum Order Regarding Sale Of Avoidance Actions United States Bankruptcy Judge I. Introduction Nearly two years into the case, chapter 7 trustee Thomas A. Bruinsma (the Trustee ) filed a Motion for Sale of Interest in Certain Causes of Action Free and Clear of Liens Pursuant to 11 U.S.C. 363 (the Motion, Dn 89). Through the Motion, the Trustee seeks authority to sell the estate s right under chapter 5 (or otherwise)...
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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
Dk 12-09510 Chapter 7 Chapter Hon. Scott W. Dales Memorandum Order Regarding Motion To Defer Discharge Present: Honorable Scott W. Dales United States Bankruptcy Judge Chapter 7 debtors Mark and Heidi Adams (the Debtors ), while in the process of negotiating divorce and reaffirmation agreements, became concerned that they might not be able to reach accord before the court entered their discharge. When the Debtors filed a second motion to defer the discharge (the Second Motion, Dn 18), ...
United States Bankruptcy Court For The Western District Of Michigan Memorandum Of Decision And Order Regarding Contempt Motions United States Bankruptcy Judge The court held a hearing in this miscellaneous proceeding by telephone on May 14, 2013, regarding numerous motions relating to the chapter 13 bankruptcy proceedings of David M. Hulce and Wendy K. Hulce (the Debtors ), pending in the Eastern District of Wisconsin. The federal court that issues a subpoena the United States Bankruptcy ...
United States Bankruptcy Court For The Western District Of Michigan In re: Steven W. Okke, Debtor. Mr. Okke has Mrs. Okke urges the court to abstain from ruling on Mr. Okke s turnover request under the abstention provisions of 28 U.S.C. 1334. Conclusion This court respects the State Court s role in domestic relations matters, and will not stand in the way of the exercise of that court s authority to modify Mr. Okke s domestic support obligations.
The court issued the Show Cause Order, sua sponte, in response to actions that Thomas R. Tibble, the trustee in Michael Stamp s chapter 11 bankruptcy case, and Melissa Stamp, the member of Royal Star Farms, L.L.C. ( Royal Star Farms ), reportedly took to displace the Debtors manager, O Keefe & Associates Consulting, L.L.C. ( O Keefe ). In addition to the Debtors, responding parties include: Melissa Stamp (Dn 785), the Ust (Dn 788), First Farmers Bank & Trust (Dn 791), Mr. Tibble (Dn 792),
Order Re: Waiver Of Discharge Of Debt And Consent To Entry Of Judgment Present: Honorable Scott W. Dales United States Bankruptcy Judge Chapter 13 Debtors Benjamin and Glenda Chadwick filed a document with the court on April 9, 2013 entitled Waiver of Discharge of Debt and Consent to Entry of Judgment (the Waiver, Docket No. 28). The Waiver purports to waive the discharge of Glenda Chadwick s debt to Point O Woods Golf & Country Club ( Point O Woods ), ...
The only issue is whether the plan payments in the hands of chapter 12 trustee Joseph A. Chrystler (the Trustee ) should revest in the Debtors pursuant to 11 U.S.C. 349 or be distributed to creditors in accordance with the confirmed Plan. For the following reasons, the court will dismiss the case after the Trustee distributes the remaining funds in accordance with the Plan. 1 See Debtors Joint Chapter 12 Plan (Dn 17) and Debtors First Amendment to Debtors Joint Chapter 12 Plan (Dn 75) ...
Marcia Meoli (the Bankruptcy Trustee ) has named the Trust s trustees, Karen Thrun and Janice Waterway, as defendants.1 By filing this adversary proceeding, the Bankruptcy Trustee seeks an order declaring that the Debtor s beneficial interest in his mother s Trust is included within his bankruptcy estate. In confronting a similar controversy involving 541(c)(2) and Michigan trust law, the court has looked to the Restatement (Second) of Trusts, as the Michigan Supreme Court itself has, to ..
To resolve Mr. Beckett s summary judgment motion, the parties ask the court to decide whether to recognize a lien in Mr. Beckett s favor under the parties divorce decree or declare that the Debtor holds the Property free of his lien, either because it did not attach, was not perfected, or was extinguished. 1 Although the Debtor contends that the State Court extinguished Mr. Beckett s lien, the Debtor did not favor the court with a copy of the court s decision. B. Extinguishment of the ...
The loan applications identify the loans as Loan 402, Loan 405, Loan 408, and Loan 411. 4, 2.) Regarding the funding of the loans, the affidavit explains that the loans to the Debtor were T.H.E. Loan Program loans made under a program sponsored by Northstar Education Finance, Inc. a non-profit institution. The introductory paragraph in each loan application identifies the loan as an education assistance loan made under the Total Higher Education Loan Program.