You are here

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

At the close of the Plaintiff s proofs, and upon Aurora s Motion for Judgment on Partial Findings, the court dismissed several of Frontier s claims, leaving only the issue of whether Aurora breached an oil and gas lease (the Hudson Agreement ) by making unwarranted deductions from Frontier s royalty checks and miscalculating Payout -- a negotiated and unique term dramatically affecting Frontier s royalty rate. Aurora continued to provide Frontier with Payout statements and Frontier ...

Although the Debtor s Brief implied that the Debtor and Tall Pine were claiming Alcohol Fuel Mixture Credits, 1 Alternative Fuel Credits, 2 and Alternative Fuel Mixture Credits,3 at the hearing on the Show Cause Order the Debtor stipulated that it is claiming only the Alternative Fuel Mixture Credit under 26 U.S.C. 6426(e). (ii) The claimant sold the alternative fuel mixture for use as a fuel or used the alternative fuel mixture as a fuel. An alternative fuel mixture is a mixture of ...

Dt 11-03122 Chapter 13 Hon. Scott W. Dales Opinion And Order Present: Honorable Scott W. Dales United States Bankruptcy Judge I. Introduction Chapter 13 Debtor Robert Borin ( Mr. Borin or the Debtor ) objects to the claim of his mortgagee, Arch Bay Holdings, Llc Series 2010C ( Arch Bay ), on the grounds that the creditor s Proof of Claim overstates the arrearage by failing to give him credit for prepetition payments. See Debtor's Objection to the Proof of Claim Number 141 Filed By Arch ...

United States Bankruptcy Court For The Western District Of Michigan Opinion And Order Regarding Motion For Default Judgment United States Bankruptcy Judge This matter is before the court on the motion of Chapter 7 Trustee Kelly M. Hagan (the Plaintiff ) for entry of default judgment (the Motion, Dn 7). The court has reviewed the complaint, the Motion, and the docket and concludes that Plaintiff is entitled to the relief she seeks. Stern, 131 S.Ct. at 2607 ( Section 157 allocates the ...

Hon. Scott W. Dales Supplemental Opinion Present: Honorable Scott W. Dales United States Bankruptcy Judge I. Introduction This opinion addresses whether the corporate Chapter 7 debtor, B & P Baird Holdings, Inc. (the Debtor ), and its shareholder ( Mr. Baird ), have standing to be heard with respect to at least two contested matters before the court: (1) the Chapter 7 trustee s motion to approve a settlement (the Settlement ) that he reached with ...

Ms. DeGroot s $38,000.00 obligation to the Debtor (the Receivable ) became property of the bankruptcy estate, although the Debtor did not list the Receivable on Schedule B. The Chapter 7 trustee Jeff A. Moyer (the Trustee ) was aware of the 1 Alias for Joel DeGroot: aka American Truss. In December 2010, the court granted the Trustee s motion to reopen the case, and the Trustee thereafter took steps to collect the Receivable from Ms. DeGroot, who did not have the benefit of counsel at the ...

This, in part, prompted the Credit Union to address this issue on the credit application, and made Ms. Russell s misrepresentation material to the Credit Union s decision to extend credit. After the Credit Union approved Ms. Russell s application, Mr. Van Dyken called Ms. Russell s father to say, Charlie, you got yourself a truck. Testimony from the Credit Union s loan officer, Darcy Krause, established that the Credit Union relied upon the application and a credit report that it reviewed...

United States Bankrukptcy Court For The Western District Of Michigan In re: Doris E. Russell, Case No. Chapter 7 Astera Credit Union fka Auto Body Credit Union, Plaintiff, Adversary Proceeding No. Judgment In An Adversary Proceeding Present: Honorable Scott W. Dales United States Bankruptcy Judge This adversary proceeding was tried by the court without a jury, and for the reasons set ...

The United States District Court for the Western District of Michigan has referred the Debtor s case and related proceedings, including this adversary proceeding, to the United States Bankruptcy Court. When discussing a bankruptcy court s control over the administration of an estate, the high court noted that the interests of the estate and the parties, and notions of comity, may properly lead a bankruptcy court to defer to a State court s concurrent jurisdiction. More recently, the Supreme...

A representative at Bello named Molley disclosed that Bello was not Pandora or an authorized Pandora retailer, but she did offer Mrs. Hatch a loan to purchase the start-up inventory that Pandora required to begin carrying its line. 25, 19:23-20:3. As the relationship between the Hatches and Bello developed, it became clear that Bello s willingness to make the startup loan depended upon the Hatches agreement to re-sell Pandora beads to Bello. The Hatches placed the order, ...

Pages