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Opinions

The District of XXXXX offers a database of opinions for the years 19XX to 2011, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.

This matter comes before the court upon a Motion for Summary Judgment filed by the Plaintiff, Jessalyn Vander Mey (Plaintiff). Collateral Estoppel We turn next to whether the Plaintiff may rely on collateral estoppel to bar the Defendant from litigating in this court issues raised and decided during the prior state court proceedings. The default judgment at issue here satisfies the actually litigated requirement because it was put into issue by Plaintiff s pleadings, submitted to ...

Opinion On November 30, 1999, Chapter 7 Trustee, James Boyd, (Boyd or Trustee) filed a Motion for Turnover seeking to require the Debtors, Ronald and Peggy Orth, (Orths or Debtors) to turn over the proceeds received from the sale of certain real estate previously owned by their company, Oct Inc. (Oct). The promissory note was not listed as an asset on Schedule B and the mortgage was not listed as real property on Schedule A. The Oct stock was listed but not exempted on the schedules. Dated...

Not For Publication United States Bankruptcy Court For The Western District Of Michigan In re: Victor Stanley Overaitis, Jr., Case No. 3 Facts On January 21, 1998, Victor Stanley Overaitis Jr. (Overaitis or Debtor) hired Johnson to represent him in a divorce. Dated: January 4, 2001 Honorable Jo Ann C. Stevenson United States Bankruptcy Judge 7 United States Bankruptcy Court For The Western District Of Michigan In re: Victor Stanley Overaitis, Jr., Case No.

Consequently, Chase Manhattan claims that it is not required to file an application with the Michigan Department of Commerce under the Mobile Home Commission Act because the mobile home was no longer a mobile home when it became a fixture. , commonly known as the Michigan Mobile Home Commission Act, applies specifically to mobile homes. In Ottaco, the Court held that the mobile home was a fixture, but acknowledged that the creditor s lien on the mobile home was properly perfected under ...

Opinion And Order Granting Motions To Compel Payment Of Rent This matter comes before the Court on the Motions of Urban Retail Properties (Urp) and Rak Old South Associates (Rak) to Compel Payment of Rent pursuant to 11 U.S.C. 365 of the Bankruptcy Code. The Court determined that when a lease is a month-to-month, payment-in-advance lease, and the lease payment comes due during the postpetition, prerejection time period, a lessor is entitled to the full month s rent, regardless of how many...

Opinion This matter has come before the Court on an Objection filed by Forbes-Cohen Properties and Newburg-Six Mile, L.P., (Landlords) to Travel 2000's (Debtor) Motion to Extend Time to Assume or Reject Unexpired Leases of Non-Residential Real Property. However, the court is authorized to extend the time for debtors to assume or reject the unexpired leases for cause. 2 The Landlords contend that although the Debtor filed its Motion for an extension of time to assume or reject the leases on...

Not For Publication United States Bankruptcy Court For The Western District Of Michigan In re: Murray D. Stall and Case No. Plaintiff argues that she was never supplied with the required notice of the 60 day time period in which to file a nondischargeability complaint because the Court did not have the correct address of either the Plaintiff or her attorney. Dated: June 18, 2001 Honorable Jo Ann C. Stevenson United States Bankruptcy Judge 6 United States Bankruptcy Court For The Western ...

Defendant argues that a claim of nuisance should also fail because a nuisance requires a continuing wrong, or, in other words, continuing tortious acts, not continual harmful effects from an original completed act. Liability for nuisance may be imposed where (1) the defendant has created the nuisance, (2) the defendant owned or controlled the property from which the nuisance arose, or (3) the defendant employed another to do work that he knew was likely to create a nuisance. That is, where ...

The principal issue before this Court is whether the Debtors defrauded Universal Bank by never intending to repay cash advances and credit card charges incurred approximately three months prior to bankruptcy. They also intended to transfer their current credit card balances to a credit card company offering an introductory interest rate of 3.9%. The Debtors argue that they always intended to pay the credit card debt, this intent being evidenced by the liquidation of Mrs. Gross 401K and ...

United States Bankruptcy Court For The Western District Of Michigan In re: Russell L. Cowper and Case No. Opinion This case is before the Court upon the Motion of Seyburn & Hencken, P.C. to Convert Russell and Devenia Cowper s chapter 13 case to a chapter 7 liquidation proceeding under the for cause provision of 11 U.S.C. 1307(c). Consequently, we conclude that when a motion to convert is filed prior to a debtor s motion to dismiss, a hearing should be allowed to consider the merits of...

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