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Opinions

The Bankruptcy Court for the Western District of Michigan offers a database of opinions for the years 1998 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

Several months after her conviction and while remaining incarcerated, Ms. Salmon commenced voluntary bankruptcy proceedings under chapter 7. The City timely filed a complaint to except from discharge its claim against Ms. Salmon under 11 U.S.C. 523(a)(4), (a)(6), and (a)(7). On December 2, 2013, the Kent County Circuit Court entered a restitution order against Ms. Salmon on account of the embezzlement (the Restitution Order ). Pursuant to the court s Pretrial Order dated April 23, 2014, ...

During the hearing, the court explained the benefits of the separate document rule expressed in Fed. 14-80091-Swd the rules require a separate document, the court s judgment is considered to be entered when the separate document is entered on the court s docket. If the Defendant is not protected as a member of the military, the court will enter judgment on a separate document based on the court s Official Form B 261B.

Chapter 7 Order Regarding Filing Fee For Debtor S Notice Of Appeal Present: Honorable Scott W. Dales Chief United States Bankruptcy Judge Melindia Gail Jackson voluntarily filed for chapter 7 bankruptcy protection on September 25, 2013. Given Ms. Jackson s dire financial situation, and because the waiver is consistent with Judicial Conference general policy relieving income-qualified chapter 7 debtors from paying court fees, the court will grant Ms. Jackson...

United States Bankruptcy Court For The Western District Of Michigan In re: Earl Carroll and Laura Carroll, Debtors. See Order Denying Confirmation of Chapter 12 Plan entered April 4, 2014 (Dn 44). Although Debtors counsel requested an adjournment to file an amended plan, the court was unwilling to extend the deadline for concluding the confirmation hearing, and the deadline passed without any confirmable plan on file. 7:19 9:7. When the court announced its decision to deny confirmation ...

At the trial, the court heard testimony from three witnesses including Mr. Okke, Ms. Okke, and Mr. Okke s divorce lawyer, Mr. Finegood. . Mr. Okke has consented to the court s entry of a final judgment although Ms. Okke has not. The property at issue in this adversary proceeding was property awarded to Mr. Okke but that remained in Ms. Okke s possession.

At the hearing to consider the Objection, the court inquired of Trustee s counsel whether he was aware of the Williamses claim to the Property at the time of the sale. Certainly, if the Williamses had participated in the sale hearing, the court would likely have preserved their claim to the proceeds, as the court typically does with proceeds of bankruptcy sales. Finally, the court notes that the Objection is premised entirely on the Sale Order, and that the Sale Order does not purport to ...

From the uncontested Objection, it appears that Bac Home Loan Servicing Lp ( Bac ) timely filed its proof of claim ( Claim No. B. It is not clear from Bac s letter, or from the Objection, whether Bac transferred its claim to Ocwen, or simply the servicing of the claim. In the Objection, and again during the telephone hearing, Debtors counsel recited his efforts to get Bac or Ocwen Loan Servicing, Llc ( Ocwen ) to amend the claim or file notice of transfer.

Dg 12-07958 Hon. Scott W. Dales Chapter 7 Nicolas Warner, Plaintiff, v. Bank Of America, National Collegiate Student Loan Trust 2003-1, 2005-3, 2004-2, 2006-2, 2006-3, and National Collegiate Master Student Loan Trust-I, Defendants. Before receiving a discharge of her own obligation to pay Dr. Warner s student loans, she paid approximately $18,255.00 toward their joint student loan obligation between 2008 and 2011. On this record, the court finds that Dr. Warner has not established a good ...

Defective Claims

Judge James D. Gregg

The issue presented is whether the Debtors should be allowed to convert their chapter 7 case to chapter 13 and whether the Debtors may exempt their interest in certain real property.

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