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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

Opinion Regarding Rule 52 Motion This adversary proceeding involves Plaintiff Chapter 7 Trustee James W. Boyd s preference claim against Defendant James A. Petrie, as trustee of the James A. Petrie Trust. Therefore, on the date of trial, even assuming the Trustee properly asked the court to take judicial notice of the claims register, the court was not required to accept the contents of each proof of claim listed on the schedules or claims register as ...

Opinion Regarding Debtors' Motion to Avoid Lien

Dg 08-03444 Chapter 11 Hon. Scott W. Dales Opinion And Order Regarding Surcharge Hearing Present: Honorable Scott W. Dales United States Bankruptcy Judge This matter is before the court after a hearing held on May 7, 2009 (the Surcharge Hearing ) to consider whether to surcharge a creditor s collateral to recover the Chapter 11 trustee s fees and professional expenses. The court has previously set forth a detailed account of the facts regarding the Trustee s surcharge request and the ...

The parties agree that the Creditor s lease rejection damage claim, putting aside mitigating offsets and the statutory cap for the moment, is $670,615.59 (the Rejection Damages ). Because the uncapped amount exceeds the statutory cap, the statutory cap is the allowable amount of the Creditor s Claim. The court concludes that upon timely objection to a lessor s rejection damages claim, a lessor must account for any mitigation in establishing the amount of the claim or right to payment, ...

Supplemental Opinion Regarding Disgorgement of Fees and Debtor's Motion to Ratify Sale

Hon. Scott W. Dales Opinion And Order Regarding Motion To Compel Present: Honorable Scott W. Dales United States Bankruptcy Judge U.S. Bank, National Association ( U.S. Bank ), as Trustee and for the benefit of Fmac Loan Receivables Trust 1998? On August 7, 2009, the Debtors filed a Notice of Taking Deposition Duces Tecum under Rule 30(b)(6) (the Deposition Notice ) requesting that U.S. Bank designate a person who: (a) Is responsible for overseeing the ...

United States Bankruptcy Court For The Western District Of Michigan Opinion Regarding Lift Stay Motion William Freeland, without benefit of counsel, commenced an Adversary Proceeding1 to except from discharge under 11 U.S.C. 523(a)(2) and (4), certain claims against Robert and Heather Kolesar (the Debtors ). In addition, Mr. Freeland filed a Motion for Relief from the Automatic Stay in the Debtors bankruptcy case (Dn 27, the Motion ) seeking an order granting immediate relief from the ...

Opinion And Order Regarding Spindletop Energy, Llc S Motion To Dismiss Objection And Compel Distribution Present: Honorable Scott W. Dales United States Bankruptcy Judge On April 1, 2009, Jordan River Liquidating Trust ( Jrlt ) filed an Objection to Claims and Interests of Spindletop (Base Case Dn 599, the Objection ),2 alleging that Spindletop Energy, Llc ( Spindletop ) assigned its interest in the stock of Superior Petroleum Corporation ( Spc ) to an ...

Dg 09-04594 Chapter 7 (Converted Sept. 24, 2009) Hon. Scott W. Dales Opinion And Order Regarding United States Trustee S Limited Objection To Debtors Conversion Of Case To Chapter 7 Present: Honorable Scott W. Dales United States Bankruptcy Judge Shortly after the court entered an order granting, in part, the Chapter 13 Trustee s motion for summary judgment in the contested matter related to the confirmation of the Chapter 13 Debtors proposed plan, but before the court could hold a long-...

Hon. Scott W. Dales Order Regarding Summary Judgment Motion Present: Honorable Scott W. Dales United States Bankruptcy Judge This contested matter arises out of the Motion to Enforce and Implement Terms of Fourth Amended Joint Plan of Reorganization or, in the Alternative, to Convert Case (Dn 486, the Motion to Enforce ) filed by U.S. Bank, National Association ( U.S. Bank ), as Trustee for the benefit of Fmac Loan Receivables Trust, 1998-C, and U.S. Bank,...

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