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Chief Judge Scott W. Dales Opinions

The Bankruptcy Court for the Western District of Michigan offers a database of opinions for the years 1999 to Current, 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

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 ...

United States Bankruptcy Court For The Western District Of Michigan In re: Patrick R. Dunne and Kathleen M. Dunne, fka Kathleen M. Lind, Debtor. 07?80615 Declaratory Judgment In An Adversary Proceeding This adversary proceeding was tried by the court without a jury. captioned adversary proceeding, is excepted from discharge under 11 U.S.C. 523(a)(15). It Is Further Ordered that the Kent County Circuit Court may enforce the Judgment of ...

United States Bankruptcy Court For The Western District Of Michigan In re: Spencer Wade Thomas, Sr. and Audrey Lynette Higgins-Thomas, Debtors. The Debtors originally commenced this bankruptcy case on December 21, 2006 ( Petition Date ) by filing a voluntary petition under Chapter 7. It appears that sometime in 2004 the Debtors 1 For convenience, I will refer to the cancellation of debt as Cod, and the resulting income as Cod income. Having said this, I would urge ...

08-80384 v. David John Buckowing and Melissa Joyce Buckowing, Defendants. Memorandum Of Decision And Order Denying Motion For Default Judgment Present: Honorable Scott W. Dales United States Bankruptcy Judge Plaintiff Byron Bank ( Bank ) filed a motion for judgment by default (Dn 6), pursuant to Fed. P. 55, because Defendants David Buckowing and Melissa Buckowing failed to answer or otherwise respond to the Bank s complaint.

07-80585 v. Lee Vanpopering and Shagbark Development, Inc., Defendants. Order Granting Motion To Compel Present: Honorable Scott W. Dales United States Bankruptcy Judge For the reasons set forth in the Memorandum of Decision dated January 8, 2009 (the Memorandum of Decision ), Now, Therefore, It Is Hereby Ordered that the Defendants Motion to Compel Turnover of Escrowed Funds (Dn 43) is Granted; It Is Further Ordered that the Plaintiff shall disburse the ...

Dg 08-06277 Chapter 7 Hon. Scott W. Dales Memorandum Of Decision Regarding Motion To Approve Reaffirmation Agreement Present: Honorable Scott W. Dales United States Bankruptcy Judge On December 29, 2008, Debtors John and Danada Schiverdecker (the Debtors ) filed a reaffirmation agreement dated December 16, 2008 (the Reaffirmation Agreement ) (Doc. Because the Debtors negotiated the Reaffirmation Agreement without counsel, the Bankruptcy Code permits the court to approve the Reaffirmation ...

See Order on Debtor's Application for Waiver of the Chapter 7 Filing Fee (Dn 5) (the "Order"). See Response to Application for Waiver of Filing Fee (the "Response") (Dn 15). I will treat the Response as a motion under either Fed. One reason for this policy is that barring attorney fee payments might have the unintended effect of rendering fewer debtors eligible for installment payments, thereby causing more debtors to seek a fee waiver instead.

In support of the dismissal motion (Dn 165) (the Motion ), the Trustee alleges that the Debtors failed to make plan payments, and that the Plan is currently running at 72 months. Thus, it appears the Trustee based her plan payment calculations (and this Motion) on the assumption that the plan required Land Contract payments to be remitted to the Trustee almost a year before the Land Contract payments actually started. Indeed, one of the Trustee s dismissal motions referred to the Debtors ...

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