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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

Order Re: Motion To Withdraw As Counsel Present: Honorable Scott W. Dales United States Bankruptcy Judge I. Introduction After attorney Nicholas Reyna s attorney-client relationship with Chapter 7 Debtor Abraham M. LaCourse (the Debtor ) broke down, he filed a Motion to Withdraw as Counsel (the Motion, Dn 25). The Debtor filed a response to the Motion, and the court conducted a hearing in Kalamazoo, Michigan on February 15, 2012. At this point, the ...

United States Bankruptcy Court For The Western District Of Michigan Opinion And Order Regarding Motion To Set Aside Discharge United States Bankruptcy Judge I. Introduction Chapter 7 Debtors Donald C. Smith and Mary T. Blochberger (the Debtors ) move for an order setting aside their discharge so that they may negotiate, sign, and file a reaffirmation agreement regarding their residential mortgage loan. P. 1017(e) and 4004(a), the court entered a discharge order (the Discharge, Dn 21). ...

United States Bankruptcy Court For The Western District Of Michigan Supplemental Opinion And Order Regarding Denial Of Confirmation And Dismissal Of Case United States Bankruptcy Judge I. Introduction On November 10, 2011, Dennis St. Vincent (the Debtor ) filed a Chapter 13 bankruptcy petition, schedules, and a plan, shortly after a Chapter 7 bankruptcy trustee in Minnesota (the Minnesota Trustee ) named him as a defendant in an adversary proceeding. The Debtor s Chapter 13 Plan (the Plan...

First, the court interprets the Plan as imposing upon the Debtors at least three payment obligations: (1) the obligation to make weekly plan payments (Plan at I.A.); (2) the obligation to pay into the Plan all disposable income as defined by 11 U.S.C. 1325(b)(2) for not less than the applicable commitment period (Plan at I.C.); and (3) the balloon payment as may be necessary to complete payments required under the Plan within 60 months of Plan confirmation (Plan at I.D.). Second, ...

United States Bankruptcy Court For The Western District Of Michigan Opinion And Order Regarding Mbd Rescue, Llc S Lift Stay Motion United States Bankruptcy Judge After the Debtor Michigan BioDiesel, Llc (the Debtor ) filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code, a group of interested parties formed Mbd Rescue, Llc ( Rescue ) to purchase the note and security documents formerly held by the Debtor s principal lender, Bank of America (the Bank ). Rescue has ...

United States Bankruptcy Court For The Western District Of Michigan Opinion And Order Regarding Defendants Summary Judgment Motions United States Bankruptcy Judge Chapter 7 Trustee Thomas C. Richardson (the Plaintiff or Trustee ) filed a complaint to invalidate a mortgage and set aside the foreclosure sale of the Debtor s home under 11 U.S.C. 541 and 544(a)(3). The premise of the Trustee s complaint, as amended, is that neither Deutsche Bank National Trust Company ( Deutsche Bank or ...

United States Bankruptcy Court For The Western District Of Michigan Order Finding Debtor In Contempt United States Bankruptcy Judge I. Introduction The Chapter 7 Trustee intends to sell the Debtor s home, but the Debtor is resisting the Trustee s efforts. For reasons that follow, the court holds the Debtor, Michael A. Damman (the Debtor ) in civil contempt, and will again order him to cooperate with the Trustee regarding the proposed sale. Indeed, on May 29, 2012, after hearing from the ...

Opinion and Order REgarding Lift Stay and Receiver Motions In re Northgate Terrace Apartments, Ltd.

United States Bankruptcy Court For The Western District Of Michigan In re: Michelle R. Moore, Debtor. Dk 09-02783 Chapter 7 Hon. Scott W. Dales Order Regarding Creditor S Contempt Present: Honorable Scott W. Dales United States Bankruptcy Judge Pursuant to its Order to Show Cause dated June 28, 2012, the court held a hearing in Kalamazoo, Michigan on August 8, 2012 to consider whether Riverside Dental, P.C. (the Creditor ) violated the rights of Michelle R. Moore (...

United States Bankruptcy Court For The Western District Of Michigan Order Denying Motion For Relief From Judgment United States Bankruptcy Judge Precisely one year after the court s entry of a default judgment, Defendant James L. Langley filed a motion to set it aside under Fed. The Rule 55 Order also warned the Defendant that his failure to file the motion to set aside the entry of default would result in the court s issuing a default judgment against him. In fact, by entering the Rule 55 ...

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