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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

United States Bankruptcy Court For The Western District Of Michigan Opinion After Remand This matter is before the court on remand from the United States District Court ( District Court ), following the successful appeal by Plaintiff, Chapter 7 Trustee James W. Boyd (the Bankruptcy Trustee ), from the court s judgment entered in favor of James A. Petrie as trustee of the James A. Petrie Trust (the Defendant ). After reaching these conclusions, the District Court vacated...

Memorandum Of Decision And Order Regarding Motion For Reconsideration Present: Honorable Scott W. Dales United States Bankruptcy Judge On May 14, 2010, the court entered its Opinion and Order Regarding Plaintiff Chapter 7 Trustee s Motion for Summary Judgment. Several days later, in conformance with the Opinion, the court entered a judgment avoiding specified transfers that the Debtor made pre-petition to the Defendant and permitting the Trustee to recover ...

1367 (2010), because the court was concerned that invalidating Pnc s mortgage through the Plan is inconsistent with the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure, specifically Rule 7001. Indeed, in Espinosa, the Supreme Court clearly stated that 11 U.S.C. 1325(a) "requires bankruptcy courts to address and correct a defect in a debtor's proposed plan even if no creditor raises the issue." In reaching its decision in Espinosa, the Supreme Court was careful to note that it ...

Ms. Steinbeck testified that she has been affiliated with the Debtors since 2008, prior to Debtors filing their voluntary Chapter 11 petitions. The court credits Ms. Steinbeck s and Mr. Bader s observations about diminished traffic following the filing of the Debtors bankruptcy petitions, and infers the Debtors sales will improve after confirmation, if the court permits them to remain in Chapter 11. The other creditor-witnesses who testified all opposed conversion. In other words, ...

Opinion And Order Regarding Motion For Disgorgement Of Attorney S Fees Present: Honorable Scott W. Dales United States Bankruptcy Judge The court received a letter dated August 25, 2010 (Dn 19) from the debtor, Elizabeth Harwell ( Debtor ), complaining that her legal counsel, Legal Helpers, Pc ( Legal Helpers or the Firm ), failed to adequately represent her throughout the course of her Chapter 7 bankruptcy case. Legal Helpers did not charge the Debtor anything ...

Opinion And Order Regarding Claims Filed By Brad Saffron Present: Honorable Scott W. Dales United States Bankruptcy Judge This matter comes before the court on the objection of Elaine Saffron (the Debtor ) to two claims that her ex-husband, Brad Saffron, filed in her Chapter 13 case. Although the Debtor agrees that Mr. Saffron has a claim in the amount of $103,685.00 under a divorce judgment, she contends that Mr. Saffron s other claims are unenforceable under...

Because the Debtor failed to pay the insurance premiums in 2007, the Policy lapsed according to its terms, which meant that the insurance company used the cash value portion of the Policy to fund the Debtor s term insurance. As a result, Congress gave debtors the option to exempt the unmatured insurance policy itself under 11 U.S.C. 522(d)(7). Debtors who claim the exemption under 522(d)(7) may continue to enjoy the insurance protection, and may designate or change beneficiaries under ...

10-80022 Fund, Plasterers Apprenticeship Trust Fund, Cement Masons Vacation & Holiday Trust Fund-Detroit & Vicinity, Michigan Trowel Trades Health & Welfare Fund, and Plasterers Dues Fund, Plaintiffs, v. Craig Duane Warren, Defendant. Plaintiffs obtained a judgment against 1 The Plaintiffs (unincorporated voluntary associations organized to collect benefits due to laborers) include the Plasterers Local 67 Pension Trust Fund, Plasterers Apprenticeship Trust Fund, Cement Masons Vacation & ...

See Motion to Page 1 of 4 Consolidate Appeals ( Motion to Consolidate, Dn 273) and Motion Pursuant to Federal Rule of Civil Procedure 59(e) to Alter or Amend Judgment ( Rule 59 Motion, Dn 274, and with the Motion to Consolidate referred to collectively as the Motions ). Although this court does not have authority to consolidate appeals pending before the United States District Court, it does have authority, in aid of the District Court s jurisdiction, to enter a separate judgment in ...

The Ust also contended that the Debtor made a false oath at his first meeting of creditors when he testified that his attorney prepared the petition naming Ms. Eerdmans as a debtor, and faxed or emailed it to the Debtor for his signature. The caption of the petition named both Donald Eerdmans and his estranged wife, Page 3 of 13 Pamela Eerdmans ( Ms. Eerdmans ) as joint debtors, but only Donald Eerdmans signed the petition. From the review of the petition itself, the Debtor s trial ...

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