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

United States Bankruptcy Court For The Western District Of Michigan In re: Frank George Kagel, Iii and Jennifer Ann Kagel, Debtors. Jennifer Kagel, her counsel, counsel for the Cass County Treasurer (the Treasurer ), an Assistant Attorney General, and Title-Check, Llc ( Title-Check ) participated in the hearing. 2 The Debtors may have suffered injury from the foreclosure process, which they may address by promptly moving in the Cass County Circuit Court to set aside...

United States Bankruptcy Court For The Western District Of Michigan Order Regarding Motion To Strike United States Bankruptcy Judge Defendant Michigan Protein, Inc. ( Michigan Protein ) filed a motion for summary judgment seeking dismissal of the complaint of plaintiff (and chapter 7 trustee) Thomas R. Tibble (the Trustee ), which eventually1 prompted a response from the Trustee. P. 37(c), Michigan Protein filed the Motion of Michigan Protein, Inc. to Strike Undisclosed Witness Affidavits ...

For reasons that follow, the bankruptcy court recommends that the United States District Court dismiss the Plaintiffs fraudulent transfer count, but preserve the remaining counts to be resolved in the district court under that court s diversity jurisdiction, without reference to the bankruptcy court. For example, the Plaintiffs allege that Pratt stole millions of dollars from Mvm by transferring funds from Mvm s account and fraudulently incurring obligations in this manner, and that [u]...

Dg 12-02555 Chapter 13 Hon. Scott W. Dales Order Regarding Debtors Objection To Fees Present: Honorable Scott W. Dales United States Bankruptcy Judge This matter involves a dispute between the chapter 13 debtors Gary E. Shroyer and Dondra K. Shroyer (the Debtors ) and their attorney, Larry Ver Merris (the Attorney ), over attorney fees and expenses. Because the Debtors raised no objection prior to the court s order granting the fee application, the court is treating the Debtors informal ...

United States Bankruptcy Court For The Western District Of Michigan Opinion And Order Granting Motion For Turnover Of Retainer Present: Honorable Scott W. Dales United States Bankruptcy Judge On September 5, 2012, Newcomb Print Communications, Inc. (the Debtor ) filed a chapter 11 bankruptcy petition. Prior to filing its case, the Debtor entered into an Attorney Fee Agreement (the Agreement, Dn 21-1) with Attorney Donald Darnell wherein non-debtor Newcomb & Companies, Inc. agreed to pay ...

To the extent the Motion seeks to convert the case to chapter 13, the court also hesitates because it suspects that the Debtor s proposed conversion is premised on setting aside the chapter 7 discharge. Section 1328(f), however, precludes the court from granting a chapter 13 discharge if the debtor has received a discharge . . . Therefore, unless the Debtor is permitted to waive his chapter 7 discharge, or unless the court revokes it, he is ineligible for a chapter 13 discharge.

Opinion and Order Granting Motion for Summary Judgment

Order Regarding Motion To Compel Present: Honorable Scott W. Dales United States Bankruptcy Judge Victor Lotycz, purporting to be a custodian under 11 U.S.C. 543, has filed a Motion to Compel Reimbursement of Costs and Fees Under 11 U.S.C. 543 and for Other Relief (the Motion, Dn 13). The Motion recites that Mr. Lotycz is in possession of various assets that he seized pursuant to a pre-petition judgment evidently as an officer in the matter of Cavalry ...

Chapter 13 debtor Steven W. Okke (the Plaintiff ) now seeks an order requiring his ex-wife, Nola J. Okke (the Defendant ), to return certain property awarded to him as agreed in the Cpsa (the Property ). In her Cross-Motion, the Defendant claims that she has been retaining possession of the Property to maintain perfection of the security interest she claims under the Cpsa. Although the court is not aware of any pending motion from the Defendant for adequate protection of her recently ...

Pages