You are here

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.

Judge JoAnn C. Stevenson

Opinion In June of 1989, Ronald E. Reblin (Reblin or Debtor) and Bernard Schueren formed a partnership known as Rapid River Estates. On October 3, 1997, the Trustee filed an adversary proceeding against Sure Financial alleging unlawful transfers by Reblin under the Michigan Uniform Partnership Act, the Michigan Uniform Fraudulent Conveyances Act, 11 U.S.C. 544 and 11 U.S.C. 549. The Court grants the Trustee s Cross Motion for Summary Judgment as to Counts I and Iv and in so doing also ...

This figure included a $15,001.00 secured claim, a $37,707.42 priority claim and a $16.00 unsecured claim. 2 On May 29, 1998, the Chapter 13 Trustee filed a Motion and Order to Allow Claims which specifically listed the late filed claim of the Irs. The Irs contends that its claim, although filed late should be allowed under the Order to Allow Claims filed by the Trustee.

Not For Publication United States Bankruptcy Court For The Western District Of Michigan In re: Barbara J. McGhee, Case No. Even though McGhee noticed that Vicky s name and credit information did not appear anywhere on the credit application and realized that the car dealership would be looking exclusively to her for payment, McGhee voluntarily signed both the credit application and the promissory note. Dated: April 25, 2000 Honorable Jo Ann C. Stevenson United States Bankruptcy Judge 9 ...

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 ...

Pages