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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

Attorney Lawrence Newmeyer was representing the Debtor in connection with the family court matter and had a claim against her for prepetition legal services. However, principally due to the Debtor s concealment of her Discharge from Mr. Newmeyer, the court will limit its compensatory award to invalidating only that portion of the state court judgment that comprises Mr. Newmeyer s prepetition claim. C. Contempt and Remedy Courts have concluded, as this court does, that filing a complaint to ...

The Trustee disagrees, and has filed in each adversary proceeding a Motion for Partial Summary Judgment Barring Defendant from Relitigating the Court s Avoidance of the Debtor s Transfer to Tall Pine Trading, L.L.C. (collectively, the Motion) (Adv. The Trustee filed his motion for summary judgment solely on the legal question of whether the court must allow the Defendants to re-litigate the Trustee s 549 avoidance action against Tall Pine. Pine, and that the Trustee could recover the ...

The first is a debt Mdoc describes as a debt for destruction of state property in the original amount of $5,549.42 (the Property Destruction Debt ). Because Mdoc did not attach documentation supporting this new debt as it did for the Property Destruction Debt, 13 the court directed Mdoc to supplement its Response with documentation or testimonial evidence regarding the details of the Disputed Property Destruction Debt. V. Conclusion For the foregoing reasons, the remaining Property ...

Pursuant to Bankruptcy Rule 4003(b), the Trustee objected on the premise that the existence of joint claims against the Debtor and his spouse precluded the exemption to some extent. The existence of the joint claims at the time Judge Hughes sustained the Rule 4003 Objection determined that the non-exempt portion of the Property equals $33,897.35, and the Exemption Order directed the Trustee to administer the nonexempt portion of the Property. P. 3006 (creditor may not withdraw claim as of ...

See Rebuttal of Notice of Defective Entry or Filing Dated April 24, 2014 and Notice to all Related Parties to the United States Bankruptcy Court, Western District of Michigan (the Rebuttal, Dn 4). It plainly appears from the Rebuttal that Ms. Mitchell does not wish to file a complaint or tender the filing fee. To the extent Ms. Mitchell seeks to except a debt from discharge, the court will deny the Motion, without prejudice, because she insists on pursuing such relief through a contested ...

Order Denying Reconsideration Motion Present: Honorable Scott W. Dales Chief United States Bankruptcy Judge In a Memorandum of Decision and Order dated May 28, 2014 (the Mdo, Dn 85), the court held the Michigan Department of Corrections in contempt of the discharge entered in this case. Evidently not satisfied with the court s decision, pro se debtor Steven Wilcox (the Debtor ) filed Debtor s Motion for Reconsideration (the Motion, Dn 88), asking ...

See Rebuttal of Notice of Defective Entry or Filing Dated April 24, 2014 and Notice to all Related Parties to the United States Bankruptcy Court, Western District of Michigan (the Rebuttal, Dn 4). It plainly appears from the Rebuttal that Ms. Mitchell does not wish to file a complaint or tender the filing fee. To the extent Ms. Mitchell seeks to except a debt from discharge, the court will deny the Motion, without prejudice, because she insists on pursuing such relief through a contested ...

The court heard testimony from one witness, Steven D. Benner, the Debtor s principal ( Mr. Benner ), and admitted Debtor s Exhibits A through Ll and Oo through Ss, and Bank s Exhibits 1 through 12, mostly on stipulation. Debtor Exhibits Qq, Rr, and Ss (collectively, the Financing Exhibits ), along with Mr. Benner s testimony, represent the Debtor s best evidence of its ability to obtain financing to develop the Knapp s Corner Shopping Center. Mr. Benner testified that the Debtor would use ...

The parties agree that the Debtors jointly purchased the Honda on June 20, 2013 from a car dealership in Kalamazoo (the Dealer ), and that the Honda is a motor vehicle subject to the certificate of title provisions of Michigan s Motor Vehicle Code. The Sos initially issued a certificate of title naming American Honda Finance as the secured party, but later after the Debtors filed their respective petitions the Sos issued a corrected certificate of title at AmeriCredit s request and with ...

Judge James D. Gregg

The issue presented in this adversary proceeding is whether a prior federal court judgment finding the Defendants liable for common law conversion is entitled to preclusive effect.  If so, do the factual findings from the prior judgment establish that the Defendants' conversion of the Plaintiff's property was willful and malicious under § 523(a)(6)?  Alternatively, does the prior judgment, as alleged by the Defendants, determine that the retention of property was not a willful and malicious injury?

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