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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: Stipulation For Relief From Stay Present: Honorable Scott W. Dales United States Bankruptcy Judge The court held a hearing on March 18, 2010 in Traverse City, Michigan to consider the stipulation for relief from the automatic stay filed by Deutsche Bank National Trust Company (the Bank ). At the hearing, counsel for the Bank indicated that the Bank had served the proposed Stipulated Agreement upon the twenty largest creditors as Rule 4001 ...

Before Mr. Hardy s deadline for answering the complaint and before any formal discovery has taken place, Ferguson filed a motion for summary judgment (the Motion, Dn 3). The court has determined to rule on the Motion without oral argument. Mr. Hardy responded, with an unsworn document, entitled Affidavit of Scott C. Hardy, explaining that Mr. Hardy s defense depends upon access to the books and records of his former company, Arms & Cole, Inc. ( Arms & Cole ), which is itself a debtor in ...

The parties also agreed that over the life of the Plan, the Debtor would be paying approximately $7,000.00 to unsecured creditors (including Sallie Mae), 1 The Plan referred to the student loan creditor as Sallie Mae. If the Plan s dividend were truly pro rata, Sallie Mae would receive about 96 percent of each month s plan payment, and the other unsecured creditors would receive roughly 4 percent. From the Debtor s counsel s statements at the confirmation hearing, it appears that the Debtor...

Dk 09-13005 Chapter 13 Hon. Scott W. Dales Order Denying Debtor S Motion To Reinstate Stay Present: Honorable Scott W. Dales United States Bankruptcy Judge On April 15, 2010, Debtor Annie Robinson, through counsel, filed her Motion to Reinstate Automatic Stay & Request for Expedited Hearing (Dn 39, the Motion ), seeking an expedited hearing and an order enjoining Chrysler Financial ( Chrysler ) from repossessing the Debtor s 2006 Chrysler 300 automobile (the Car ). Because the Debtor did ...

When Michigan debtors file bankruptcy petitions they can choose to exempt property under the federal exemption scheme found in 11 U.S.C. 522(b)(2) and (d), or under the state exemption scheme of 11 U.S.C. 522(b)(3). Should Michigan debtors choose the so-called state exemptions, they then have a choice to select exemptions under M.C.L. 600.6023, which are generally applicable to all judgment debtors, or exemptions under M.C.L. 600.5451, which are available only to debtors in ...

United States Bankruptcy Court For The Western District Of Michigan Order Denying Motion To Amend And Conditionally Dismissing Action United States Bankruptcy Judge Plaintiff Chapter 7 Trustee Jeff A. Moyer ( Plaintiff ) commenced this adversary proceeding by filing a complaint against Defendant Taylor, Bean & Whitaker Mortgage Corp. ( Defendant ), which the Defendant answered on July 9, 2009. In response to the first stay and extension request, the court set a ninety-day deadline for the ...

Opinion And Order Regarding Debtor S Objection To Claim Of Ocwen Loan Servicing, Llc Present: Honorable Scott W. Dales United States Bankruptcy Judge I. Introduction And Jurisdiction This matter is before the court on the objection (Dn 42, the Objection ) of Debtor Marina Lorraine Weese ( Ms. Weese or the Debtor ) to the claim of Ocwen Loan Servicing, Llc ( Ocwen ). Evidence And Analysis Ocwen s proof of claim ( Original Proof of Claim, Claim No. For ...

Dk 06-06751 Chapter 7 Hon. Scott W. Dales Order Regarding Application For Release Of Unclaimed Funds Present: Honorable Scott W. Dales United States Bankruptcy Judge This matter is before the court on the Application for Release of Unclaimed Funds (Dn 124, the Application ) filed by eCast Settlement Corporation, as assignee of Household Retail Services ( eCast ), pursuant to 28 U.S.C. 2042. In obedience to her duties as the Debtors former Chapter 13 Trustee, Mary K. Viegelahn ( Chapter ...

The Creditors are the successors in interest to other student loan lenders who extended credit to Ms. Gibson before the Petition Date. On April 14, 2010, in Kalamazoo, Michigan, the court conducted a trial, admitting into evidence fifteen exhibits -- all from the Creditors -- and the testimony of Ms. Gibson. The College Assist Loan consolidated Ms. Gibson s student loan debts arising from her undergraduate degrees, on account of loans dating back to her community college days.

United States Bankruptcy Court For The Western District Of Michigan In re: Vernon Harold May, Case No. Opinion And Order After Trial Present: Honorable Scott W. Dales United States Bankruptcy Judge I. Introduction This matter came before the court on the Complaint of Fia Card Services, N.A. (the Plaintiff ) against DefendantDebtor Vernon Harold May ( Defendant or Mr. May ). 2 After hearing Mr. May s testimony, the court regards...

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