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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.

Chief Judge Scott W. Dales

The objecting mortgagees contend that the court should deny confirmation of each Chapter 13 plan on the grounds that escrowing fifty dollars each month for anticipated administrative expenses (chiefly legal fees of the Debtors counsel) renders the mortgage arrearage cure periods unreasonable, and impermissibly modifies the rights of the objecting mortgagees. Gregory Prominski filed a Chapter 13 bankruptcy petition on December 3, 2007, together with a Chapter 13 ...

The objecting mortgagees contend that the court should deny confirmation of each Chapter 13 plan on the grounds that escrowing fifty dollars each month for anticipated administrative expenses (chiefly legal fees of the Debtors counsel) renders the mortgage arrearage cure periods unreasonable, and impermissibly modifies the rights of the objecting mortgagees. Gregory Prominski filed a Chapter 13 bankruptcy petition on December 3, 2007, together with a Chapter 13 ...

Held advised Vollmar that the Furnace and Breaker Box were Sycamore Creek s property, as they were part of the real estate, and therefore neither item would be included in the sale. Although Matthews did not specifically recall inspecting the Furnace and Breaker Box, she did remember performing legal research on whether the Furnace and Breaker Box were personal property, or part of the real estate. Because the Furnace and Breaker Box were fixtures and therefore part of the real estate, and ...

count Amended Complaint in this Adversary Proceeding, Plaintiff Lester J. Morgan ( Plaintiff ) seeks to except from discharge a debt in the amount of $30,356.76 (plus attorneys fees) pursuant to 11 U.S.C. 523(a)(2) alleging fraud1 and (a)(4) alleging embezzlement2 and breach of fiduciary duty.3 This matter is before the court on the Plaintiff s Motion for Summary Judgment pursuant to Federal Rule of Civil Procedure 56 (the Rule 56 ... Plaintiff asserts ...

To Dismiss Chapter 7 Petition I. Introduction And Jurisdictional Statement This matter comes before the court upon a Motion to Dismiss Chapter 7 Petition (the Motion ) filed by Creditor Creative Wellness, Inc. (the Creditor ) against Kristi Lynn Carmichael (the Debtor ). Issue For Decision Whether the Debtor filed her bankruptcy case in a bad faith effort to prevent the Creditor from recovering an arbitrator s award arising from an employment dispute. 3).3 Specifically, the Arbitrator ...

07-00651 Hon. Scott W. Dales Chapter 7 Opinion Regarding Motion To Compel Turnover And Second Objection To Amended Exemptions I. Introduction And Jurisdictional Statement For the reasons set forth below I sustain the Trustee s Second Objection to Amended Exemptions and grant his Motion to Compel Turnover for the recovery of the non-exempt portion of the Debtor s income tax refund (the Refund ). P. 1009(a), can a debtor properly claim an amended exemption in an asset after the court has ...

United States Bankruptcy Court For The Western District Of Michigan In re: William L. Corl, Bankruptcy Case No. Report And Recommendation Regarding Plaintiff S Motion For Summary Judgment Background This Report and Recommendation is based upon the Trustee s Application for Entry of Default Judgment Against Defendant, Nancy Okony (the Motion ) and a hearing on the Motion that took place in Lansing, Michigan...

08-80075 Memorandum Opinion And Order Granting Defendant S Motion For Summary Judgment And Scheduling Argument On Plaintiff S Motion To Amend Debtor It then filed a Motion for Order Nunc Pro Tunc Extending the Deadline to File Complaint to Determine Dischargeability of Claim (the 9006 Motion ). 2 Finally, I am aware that Nas has filed Plaintiff s Motion for Leave to File Its Amended Complaint to Assert Claims Under 11 U.S.C. 523 and 727 ( 7015 Motion ).

Judge Jeffrey R. Hughes

Ludwick s objection covers not only fees requested in Day & Sawdey s second application but also fees requested in its first application. I will also defer until then both final consideration of Day & Sawdey s fees under Section 330 and 9See also, 11 U.S.C. 328(b) (a trustee who employs himself as the estate s attorney may be compensated as a professional only to the extent the trustee performed services as attorney . . If one assumes that $50.00 per hour is a reasonable rate for nonlegal...

Grand Rapids, Michigan, attorney for Defendants Defendants Aegis Mortgage Corporation ( Aegis ), Mortgage Electronic Registration Systems, Inc. ( Mers ) and Jp Morgan Chase Bank ( Jpchase ) all seek to dismiss Trustee s complaint against them. The Feringa trustee, like Trustee here, had brought an avoidance action that, according to the defendant, could not be pursued in the reopened case. 9 Moreover, Trustee s March 20, 2007 motion for reopening the case states that the reason for the ...

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