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

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Not For Publication United States Bankruptcy Court For The Western District Of Michigan In re: Richard David Crocker and Case No. Opinion The principal issues before this Court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 ...

United States Bankruptcy Court For The Western District Of Michigan In re: Sara L. Chandlier, Case No. W.D. Mich. 2000) holding that Allan J. Rittenhouse was not an attorney authorized to practice law in Michigan and by extension was not authorized to practice bankruptcy law in the United States Bankruptcy Court for the Western District of Michigan. By legislating a method of disclosure of attorney fees and providing a method to regulate these fees to protect vulnerable debtors, the court...

United States Bankruptcy Court For The Western District Of Michigan In re: Tli, Inc., Case No. Opinion This matter comes before the Court upon an Objection of the U.S. Trustee to the Application for Attorney Fees Filed by the Attorney for the Debtor. As Debtor-In-Possession, Tli, Inc. (Tli) filed an application to employ Siebers Mohney Plc (Debtor s Counsel or Siebers Mohney) as its attorney on August 6, 2002.

Not For Publication United States Bankruptcy Court For The Western District Of Michigan In re: John W. Hodge, Case No. In the Bankruptcy Court hearing, Professor Hodge and his state court attorney were the only witnesses. Dated: October 9, 2003 Honorable Jo Ann C. Stevenson United States Bankruptcy Judge 8 United States Bankruptcy Court For The Western District Of Michigan In re: John W. Hodge, Case No...

Pages