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Opinions

The Bankruptcy Court for the Western District of Michigan offers a database of opinions for the years 1998 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

Nas now files a Motion Pursuant to Rules 9023 and 9024 for an Order Allowing It to Proceed with Its Objection to Discharge and Dischargeability (the 9023 Motion ), which I construe as a motion to reconsider the court s June 10, 2008 Order. I considered these arguments and nevertheless denied Nas s 9006 Motion, explaining that although the Extension Orders extended the time to file a complaint to object to the Debtor s discharge or seek dismissal pursuant to 11 U.S.C. 727 and ...

Dg 08-00545 Hon. Scott W. Dales Chapter 7 Order Regarding United States Trustee S Motion To Extend Time To File Motion To Dismiss Or Objection To Discharge This matter came before the court for a hearing on the motion of the United States Trustee (the Ust ) to extend the time to file a motion to dismiss under 11 U.S.C. 707(b), or objection to discharge under 11 U.S.C. 727 (the Extension Motion ). The Debtors argue that I should deny the Extension Motion (...

41 (the Motion ), contending that Debtor Gloria McGruder (the Debtor ) has incurred substantial post-petition tax liabilities in violation of her confirmed Chapter 13 Plan. The following facts are not disputed: The court confirmed the Debtor s Chapter 13 Plan, as amended (the Plan ), on September 25, 2006; The Debtor cannot afford to make her Chapter 13 Plan payments, meet her basic living expenses, and withhold enough money from her paycheck each pay period to satisfy her post-...

Mr. Baragar contends that he was simply asserting his rights under the Land Contract an agreement that included cross default provisions making a default under the Promissory Note a default under the Land Contract. As such, he was not contractually obligated to release his vendor s interest in the Real Estate unless the Land Contract vendee, non-debtor Land, cured the default under the Land Contract, including the cross-default under the Promissory Note. Under Michigan Law, although ...

United States Bankruptcy Court For The Western District Of Michigan In re: Chad Michael Vanhuizen and Patricia Lyn Vanhuizen aka Patti Lynn Vanhuizen, Debtors. Although Lola has established VanHuizen converted the cows, I nevertheless conclude VanHuizen did not act willfully or maliciously. 2). Although Lola assigned the Contracts to United Bank of Michigan (the Bank ), the testimony of Lola s president established that the Bank reassigned the Contracts to Lola ...

Judge Jeffrey R. Hughes

The Bankruptcy Code, though, radically changed the law by transferring into the estate all of the debtor s property, including property that he might claim as exempt. The debtor s interest in entireties property automatically becomes property of the estate by operation of Section 541 and it is only the successful exemption of that interest by the debtor thereafter that again removes it by operation of Section 522(l). As previously discussed, Section 541(a)(1) includes within what becomes ...

Of course, Mr. Engman is entitled to press his case that he or perhaps Trustee is entitled to the share of the proceeds that Trustee is currently proposing to distribute to Ms. Scruggs and Ms. Jousma. W.D. Mich. 2008). 7 Discussion Trustee s motion focuses almost exclusively upon whether the settlements Trustee has reached should be approved under Rule 9019(a). This is how the Chapter 7 trustee s duties were previously described: Trustees shall (1) collect and reduce to money the property ...

(3) The debtor s interest, not to exceed $525 in value in any particular item or $10,775 in aggregate value, in household furnishings, household goods, wearing apparel, appliances, books, animals, crops or musical instruments, that are held primarily for the personal, family, or household use of the debtor or a dependent of the debtor. Granted, the more restricted definition might also be satisfactory, although the juxtaposition of household with family in, for example, Section 522(d)(3) ...

Grandville, Michigan, Chapter 7 Trustee The Chapter 7 Trustee, Jeff A. Moyer ( Trustee ), has objected to Debtor David Thomasma s claimed exemption of his 2007 tax refunds. Trustee contends that Debtor is timebarred from claiming this exemption because Debtor failed to include the refunds in his original schedules. This latter rule requires the debtor to file supplemental schedules should the debtor acquire assets post-petition that fall within the scope of Section 541(a)(5). Adding ...

Judge James D. Gregg

This Corrrected Opinion and Order has not modified any substantive discussions or results in the original opinion and order dated November 20, 2008.

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