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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

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,...

08-10348, the court held separate trials on September 23, 2009 to consider the Chapter 7 trustee s objection to amended exemption claims involving income tax refunds. Ms. Phandanouvong and Ms. Busher (the Debtors ) initially failed to list their anticipated 2008 tax refunds (the Refunds ) on Schedules B or C, but after filing their income tax returns, both Debtors promptly filed amended schedules to disclose the Refunds and claim them as exempt. If the Trustee is not seeking to recover ...

United States Bankruptcy Court For The Western District Of Michigan Order Regarding Defendants Motion To Withdraw Deemed Admissions And Plaintiffs Motion For Summary Judgment United States Bankruptcy Judge On September 26, 2009, Plaintiffs Irwin Solomon ( Solomon ) and the Irwin Solomon Roth Ira (collectively the Plaintiffs ) filed a Motion to Deem Admitted Plaintiffs Requests to Admit (Dn 31, the Plaintiffs Motion ). Thomas and Denise Miller (the Defendants ) filed...

1In this opinion the court will refer to Dr. Irwin Solomon as Dr. Solomon and the Irwin Solomon Roth Ira and any predecessor retirement vehicles as the Ira. The court will refer to Thomas Miller as Mr. Miller and Denise Miller as Mrs. Miller. 7 Specifically, the four agreements at the heart of the Summary Judgment Motion included the Mdta, the Miller Solomon Modified Agreement, the Snider Payment Agreement, and the Miller Solomon Consulting Agreement.

Dt 09-09554 Chapter 11 Harbor Park Market Co., Debtor. Opinion Regarding Bank S Motion For Relief From Stay And Debtors Motion For Use Of Cash Collateral This opinion resolves two related but distinct motions in the jointly administered Chapter 11 cases involving three debtors, Northern News Company ( Northern ), Harbor Park Storage Co. ( Storage ), and Harbor Park Market Co. ( Market, and with Northern and Storage referred to collectively as the ...

United States Bankruptcy Court For The Western District Of Michigan In re: Linda Mapes, Case No. Memorandum Of Opinion And Order Present: Honorable Scott W. Dales United States Bankruptcy Judge The conservatorship Estate of Thomas E. Knowlan (the Plaintiff ), filed a complaint seeking to except a claim against Debtor Defendant Linda Mapes ( Ms. Mapes ) from discharge under 11 U.S.C. 523(a)(4). Relying on the State Court s Order ...

Memorandum Of Decision And Order Regarding Defendant S Motion For Summary Judgment Present: Honorable Scott W. Dales United States Bankruptcy Judge This matter is before the court on Defendant Mariann Koper s Motion for Summary Disposition (Dn 13, the Motion ), which the court will treat as a motion under Fed. Therefore, because bankruptcy courts have exclusive jurisdiction over dischargeability matters, a party may not use the res judicata effect ...

In opposition, the Trustee offered his own testimony, and a single exhibit -- a settlement agreement between the Trustee, Mr. Hercik, and Mr. Hercik s Chapter 12 bankruptcy trustee. Indeed, Mr. Hercik expressed surprise that the Trustee had taken steps to market the Property, which Mr. Hercik regarded as his own. Thereafter, the Trustee commenced an adversary proceeding against Mr. Hercik and his Chapter 12 Trustee, under 11 U.S.C. 363(h), seeking authority to sell the Debtor s estate s ...

On November 16, 2009, counsel for Plaintiffs filed Creditor-Plaintiffs Response to Defendants Second Motion For Sanctions & Brief in Support Thereof (the Response, Dn 123). In granting the Defendants Second Discovery Motion, the court continued its retrained response to the Plaintiff s disobedience by extending the deadline for approximately nine more days. Nevertheless, the court Page 7 of 9 afforded the Plaintiffs another opportunity to properly oppose the cross-motion for dismissal,...

The Trustee s argument depends upon construing the phrase as defined by law to require further action by the legislature, at least with respect to personal property exemptions. In this sense, the personal property exemption is self executing -- the constitutional floor does not depend on legislative enactment. The court declines to accept the argument, however, because it appears that the delegates viewed the homestead exemption as self implementing or self executing but not with ...

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