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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.

Hm 05-90141 Donald Louis Mars and Karen Alayne Mars, Debtors. , Grand Rapids, Michigan, attorney for the United States Trustee The United States Trustee ( Ust ) filed a motion to dismiss Mr. and Ms. Marses Chapter 7 bankruptcy proceeding pursuant to 11 U.S.C. 707(b). However, in neither of these cases did the Sixth Circuit in fact dismiss the debtor s Chapter 7 proceeding simply because the debtor could propose a viable Chapter 13 plan.

The Chapter 7 trustee s final report and final account documents the Chapter 7 trustee s compliance with Section 726. The Chapter 7 trustee would administer the Chapter 7 case on credit and all administrative claimants would simply wait until the Chapter 7 trustee made his Section 726 distributions. St. Joseph Cleaners confirmed Chapter 11 plan, like all confirmed Chapter 11 plans, required that Chapter 11 administrative claims be paid in full within a short time after confirmation.

However, Ms. Olson s calculation was based upon Ms. Welch s original Schedules I and J. Therefore, Ms. Olson did not consider either the post-petition increase in Ms. Welch s or her husband s net income or the substantial adjustments Ms. Welch claimed are necessary to accurately reflect her and her husband s actual monthly expenditures. Ms. Hamlin also opined that Ms. Welch had sufficient disposable income to fund a Chapter 13 plan. However, Ms. Hamlin, unlike Ms. Olson, did take into ...

Traverse City, Michigan, attorney for Defendant Defendant, Jpmorgan Chase Bank ( Chase Bank ), filed a motion for summary judgment with respect to the Chapter 7 Trustee s complaint. Discussion The Chapter 7 Trustee contends that Chase Bank s security interest in the Impala is no longer perfected and, therefore, subject to avoidance under Section 544(a), because Debtor did not replace the Wisconsin certificate of title with a Michigan certificate of title. Specifically, Chase Bank s name ...

Laws 600.5451 appears to simply expand the universe of exemptions from which a debtor may choose should the debtor elect Section 522(b)(2) as the exemption scheme in his bankruptcy proceeding. Thus, in giving states the ability to opt out of the federal bankruptcy exemptions Congress did not give them the authority to create bankruptcy exemptions. The Bankruptcy Clause of the Constitution gives Congress the exclusive power to establish what 15 exemptions a debtor may claim in conjunction ...

9 Vesting Of Estate Property Upon confirmation of the Plan, all property of the estate shall vest in the Debtor, except for the future earnings of the Debtor and other property specifically devoted to the Plan. Kolenda involved property that the debtor had acquired post-confirmation whereas the property in this instance had been acquired by Debtors before confirmation of their plan. The mere revesting of the property in the debtor upon Chapter 13 plan confirmation does not convert property ...

Judge James D. Gregg

Also, if the entireties property is exempted by a debtor, and joint creditors exist, an objection to the entireties exemption may be timely filed. (1) A debtor in bankruptcy under the bankruptcy code, 11 Usc 101 to 1330, may exempt from property of the estate property that is exempt under federal law or, under 11 Usc 522(b)(2), the following property: . . . , In re Grosslight, 757 F.2d 773 (discussing the Michigan common law entireties exemption and its applicability in bankruptcy law); In ...

Battle Creek, Michigan, Attorney for Garnishee Defendant, Battle Creek Obstetrics and Gynecology Associates, P.C. The Garnishee Defendant s motion requested that this court set aside the default judgment because it was not properly served. The Plaintiff timely filed his motion for reconsideration of the court s order granting the Garnishee Defendant relief from the default judgment on April 27, 2006.

( Bregman ) the Debtor s attorney of record in the District Court, contacted the 4 The Debtor s schedules do not disclose any debt to Bregman. 2006) ( [W]here the bankruptcy court issues a no asset discharge, the bankruptcy court has effectively adopted the debtor s position. The Debtor has relatively few creditors and the major creditor is the Debtor s attorney in the District Court action.

Memorandum Opinion Denying Plaintiff S Motion For Reconsideration Appearances: Matthew-Joseph Crehan, Muskegon, Michigan, in pro per Plaintiff. On numerous occasions throughout the trial, the court patiently informed the Plaintiff that his previous state court judgment against the Debtor Defendant established a breach of the listing agreements. The Plaintiff s motion asserts that the Plaintiff was taken by surprise when the court entered its judgment on ...

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