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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

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Not For Publication United States Bankruptcy Court For The Western District Of Michigan In re: John W. Hodge, Case No. In the Bankruptcy Court hearing, Professor Hodge and his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...

On or about 1976, William Blank (Blank or Debtor) attended two Galesburg City (the City ) Commission meetings and one Planning Commission meeting wherein a discussion ensued regarding a parcel of property Blank intended to purchase.1 Once he was satisfied that the property in question was zoned Industrial, Blank purchased the property with the intention of using it for his excavating business and 2 residence. The City continued to request the clean-up of the property while pursuing Blank in ...

1 United States Bankruptcy Court For The Western District Of Michigan In Re: Daniel Lee Oswalt and Case No. Sk 03-04788 Michelle Arlene Oswalt, Chapter 7 aka Michelle Arlene Capp, aka Michelle Arlene Ellsworth, aka Michelle Arlene Theut, Debtors. Dated April 19, 2004 Honorable Jo Ann C. Stevenson United States Bankruptcy Judge United States Bankruptcy Court For The Western District Of Michigan ...

Opinion This matter comes before the Court upon Sn Servicing Corporation s Motion to Dismiss Adversary Proceeding for Lack of Jurisdiction. The Debtor argues that Sn Servicing consented to the Bankruptcy Court s jurisdiction when it filed its relief from stay. Sn Servicing also had notice of the bankruptcy before the Plan was completed and its claim arose prior to the bankruptcy filing.

Under the Purchase Agreement, Settlement Capital would receive the monthly payments due the Debtor from October 1, 1997 through September 30, 2007 and the lump sum payments due the Debtor on each September 25 from 2002 through 2007.1 The Purchase Agreement further granted a security interest to Settlement Capital in all payments made to the Debtor under the annuity in order to secure the Debtor s obligations. Finally, Settlement Capital claims that it is not seeking to have the debt ...

Opinion Awarding Attorney Fees And Denying Equicredit Corporation Of America S Motion For An Extension Of Time For Filing An Appeal This matter comes before the Court upon the Application for Attorney Fees and Costs submitted by Michael O. Nelson, attorney for the Debtor Plaintiffs (the Mourers) in an adversary proceeding brought against Equicredit Corporation of America (Equicredit). Due to the mandatory nature of the award of attorney s fees ...

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