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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

United States Bankruptcy Court For The Western District Of Michigan In re: Matthew P. Vestal, Case No. Judgment In An Adversary Proceeding Present: Honorable Scott W. Dales Chief United States Bankruptcy Judge This adversary proceeding was tried by the court without a jury and, for the reasons set forth in the Opinion and Order After Trial entered this date, the court reached the following decision. It Is Ordered, Adjudged And Decreed that the claim of ...

Memorandum Of Decision And Order Sustaining Objection To Plan Robert Lee Beall ( Debtor ) filed a chapter 13 plan (the Plan, Dn 26) that, among other things, would require the chapter 13 trustee ( Trustee ) to pay the Debtor s attorney in full before making payments to creditors, including Nationstar Mortgage Llc ( Nationstar ). Here, as in Rogers, the Debtor s counsel prepared the Plan using the District s model plan, but struck the standard language ...

Before conversion, most of the Stamp Farms assets were sold in a bulk sale to Boersen Farms, Inc., and assigned to Boersen Farms Ag, Llc (collectively Boersen Farms ). The court also concludes that Stamp Farms assumed the Todd File Lease, and that Boersen Farms became obligated to perform under the Todd File Lease pursuant to 365 and the court s order approving the transaction. Boersen Farms, for example, asks the court to construe the Sale Order and Purchase Agreement as, in effect, ...

Before conversion, most of the Stamp Farms assets were sold in a bulk sale to Boersen Farms, Inc., and assigned to Boersen Farms Ag, Llc (collectively Boersen Farms ). The court also concludes that Stamp Farms assumed the Todd File Lease, and that Boersen Farms became obligated to perform under the Todd File Lease pursuant to 365 and the court s order approving the transaction. Boersen Farms, for example, asks the court to construe the Sale Order and Purchase Agreement as, in effect, ...

S.D. W.Va. 1981) (insurance proceeds received by owner of the policy are not within the scope of 541(a)(5)). Presumably, if a debtor is an owner of a prepetition insurance policy and receives a death benefit within the 180 day period, she receives the proceeds on account of her prepetition ownership of the policy, and does not acquire or become entitled to acquire the property postpetition (i.e., during the 180 day window). 3 The Debtor Schedule Bs , however, lists only the whole life ...

Memorandum Of Decision And Order Regarding Motion To Continue Automatic Stay Present: Honorable Scott W. Dales Chief United States Bankruptcy Judge I. Introduction Jennilee E. Skoglund, with the assistance of counsel, filed three bankruptcy cases within the last year, with varying results.1 In the Third Case, at the time she filed her voluntary chapter 13 petition, she also filed a Motion to Continue Automatic Stay (the Motion, Dn 3), which drew an ...

In reliance on the Ndr, 1 the court entered an electronic Text Order of Final Decree (the "Final Decree," Dn 100), declaring the estate fully administered, discharging Mr. Moyer as trustee, and closing the case. On April 2, 2014, Mr. Moyer filed a Motion to Set Aside Order Closing Case (the "Motion," Dn 101). Moreover, as requested, the Final Decree discharged Mr. Moyer as trustee, which may undercut his standing, perhaps making the United States Trustee the appropriate person to bring a ...

Unless a creditor timely files a request to except a debt of this kind from discharge in the bankruptcy court, the debt will be discharged. Federal courts, in contrast, are courts of limited jurisdiction, dependent upon Congressional authority to act. In reaching this conclusion, however, the court is not dictating which of the two courts will ultimately be called upon to resolve the dispute; either party may file a complaint in the Bankruptcy Court within the time allotted, or they may ...

Because Chemical Bank did not file a timely claim in the Styer 3 Evidently because the Debtor was already under the bankruptcy court s protection by the time Chemical Bank filed its collection action against Dr. Styer, the bank did not name the Debtor as a defendant. First, as noted above, Chemical Bank did not timely file a claim against Dr. Styer in the Styer Case so Dr. and Mrs. Styer s plan payments do not need to account for the claim. Third, if Dr. and Mrs. Styer complete their plan ...

More specifically, the Creditor argues that the Plan impermissibly modifies the Crerigdithts as orholder s of a claim secured only by the Debtors , recontrasidencry to 11 U.S.Ce. 1123(b)(5). 1 The Debtors, in contrast, argue that 1123(b)(5) does not protect against modification of a commercial guaranty claim, even a claim secured by a mortgage on residential real estate. larger commercial 2 See CreditoBrief Rreg arsding Modification of Claim ( Creditor s Brief, Dn 63); Debtors ...

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