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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

Nine days after filing its petition, the Debtor filed its first motion for permission to use cash collateral,2 which the court denied because the Debtor failed to prove it could adequately protect the interests of its largest secured creditor, Cb 2010, Llc ( Cb 2010 ). In addition, the court must consider the debtor s proposed adequate protection before the court may authorize any use of cash collateral. Because Cb 2010 has an interest in rents, and because rents constitute cash collateral...

United States Bankruptcy Court For The Western District Of Michigan In re: Jan Christiaan Knibbe, Debtor. Shortly before the court entered that order but after the court orally announced its decision on the record, Mr. Knibbe submitted another letter reiterating his request for dismissal. The court obtained jurisdiction when Mr. Knibbe voluntarily filed his petition, and upon that filing, the court s protection extended to Mr. Knibbe s creditors as well.

United States Bankruptcy Court For The Western District Of Michigan Opinion And Order United States Bankruptcy Judge This matter is before the court upon the Debtor s Motion to Award Damages to the Debtor for Creditor Bremer & Bouman s Willful Violation of the Bankruptcy Stay and Refusal to Cooperate to Reverse Civil Complaint Actions (the Motion, Dn 87), and the response to the Motion that Bremer & Bouman Heating & Cooling, Inc. (the Creditor ) filed. Pro se debtor Richard Livingston (...

Under 11 U.S.C. 362(d)(2), the court may grant relief from stay if the debtor does not have equity in the property and the property is not necessary for an effective reorganization. The Debtors also claim an exemption in the Page 2 of 5 property of $14,910.00, under 11 U.S.C. 522(d)(1). Thus, argues Pnc, no equity exists in the property, and the court should grant relief from stay. In response, the Debtors eschewed the property s value as reported on their bankruptcy schedules and ...

294Because the reopening fee is part of the Bankruptcy Court Miscellaneous Fee Schedule, the provision exempting the fee for services rendered on behalf of the United States applies. 295A private trustee must pay the reopening fee unless the court waives or defers the fee. A private trustee must pay the reopening fee from his or her personal funds unless the court waives the fee or defers payment of the fee pending recovery of additional assets

The Debtor timely filed a motion to reconsider the Order (Dn 37, the Reconsideration Motion ) on the ground that the court entered the Order mistakenly believing the state court had entered judgment against Ms. Vergari. At that time, the parties explained that this controversy arises out of state court litigation initially between the Debtor and Kohn, but it eventually embroiled Ms. Vergari in proceedings to collect a judgment that Kohn obtained against the Debtor. Because the court was ...

United States Bankruptcy Court For The Western District Of Michigan In re: David L. Field and Susan L. Field, Debtors. Dk 11-03944 Chapter 7 Hon. Scott W. Dales Memorandum Decision And Order Present: Honorable Scott W. Dales United States Bankruptcy Judge On April 7, 2011, Debtors David L. Field and Susan L. Field ("Debtors") filed a voluntary petition for relief under Chapter 7, together with an application to waive the filing fee or the in forma pauperis application...

An email exchange dated July 11, 2005 between Mr. Wickard and Ms. Davis corroborates Mr. Wickard s ownership interest in Advantage properties, where Mr. Wickard advised Ms. Davis that there would be owner capital payments into . . . The fact that Ms. Davis directed such a question to Mr. Wickard rather than Ms. Romero is consistent with Mr. Wickard s having an ownership or capital interest in Advantage, contrary to the testimony of Mr. Wickard and Ms. Romero, which the court does not ...

United States Bankruptcy Court For The Western District Of Michigan Opinion And Order United States Bankruptcy Judge This controversy revolves around the divorce judgment ( Jod ) that ended the marriage of Debtor-Defendant Debra J. Spencer and Plaintiff Robert A. Murtha, and the parties different interpretations of that judgment in several respects. The court regarded the Oakland County Circuit Court (the State Court ) as the appropriate forum to determine the nature of the Debt (whether ...

Dl 07-01747 Hon. Scott W. Dales Chapter 11 Jordan River Liquidating Trust, Plaintiff, v. Jay & P, Llc, Jay Merkle, Machine Control Technology, Inc., Patricia Merkle, Jay And Patty Merkle Trust, Jordan Merkle, Jonathon Merkle, Grn, Inc., Platinum Industries, and Daniel Merkle, Defendants. Ms. Merkle s investments took on various forms (common stock, loan, or preferred investment), each of which is discussed under the heading corresponding to the final entity in which Ms. Merkle claims an ...

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