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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.

Judge JoAnn C. Stevenson

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Not For Publication United States Bankruptcy Court For The Western District Of Michigan In re: Murray D. Stall and Case No. Plaintiff argues that she was never supplied with the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...

United States Bankruptcy Court For The Western District Of Michigan In re: Paul Robert Franke and Case No. The statute does not refer to the debtor s equity as against only the lienholder seeking to lift stay or persons holding liens senior to that of the moving lienholder. Dated: September 20, 2001 Honorable Jo Ann C. Stevenson United States Bankruptcy Judge United States Bankruptcy Court For The Western District Of Michigan In re: Paul Robert Franke and Case No...

Not For Publication United States Bankruptcy Court For The Western District Of Michigan In re: Richard David Crocker and Case No. Opinion The principal issues before this Court are whether Richard H. Mylin Iii (Mylin) violated the Fair Debt Collection Practices Act and whether H. Stanley Rebert (Rebert) and Evelyn Rapp (Rapp) were in contempt of court when they pursued a criminal case against Kathy Crocker (Crocker or Debtor) in York County, Pennsylvania. The Debtors also claim that Rapp ...

00-88404 Plaintiff, v. Superior Bank Fsb, Kay Lorraine Lewis, Ronald C. Bigger and Jessica L. Depeel, Defendants. Opinion This matter comes before the Court on Trustee s Motion for Partial Summary Judgment as to Count I of the Complaint and Superior Bank s Motion for Summary Judgment as to All Counts. Since Superior s lien can not be equitably subrogated to the lien of Empire National Bank and the perfection of Superior s lien occurred within the preference period and is avoidable, ...

Opinion Determining Administrative Insolvency And Disgorgement This matter comes before the Court on the Debtor s Motion for Determination Regarding Administrative Insolvency and Disgorgement. The Notice required Debtor s counsel to disgorge $9,026.59 of his retainer in order to distribute that amount pro rata among the other Chapter 11 administrative claimants. When a Chapter 11 case is converted to one under Chapter 7, the Chapter 7 administrative expenses have a priority of payment ...

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