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| Case Title: | Bossio & Associates v. Miller (In re Miller) | Type: | Chapter 7 |
| Case Number: | 08-01545 | Adversary Number: | 08-80224 |
| Judge: | Dales | Published: | 11/20/2009 |
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,... View Opinion (new window)
| Case Title: | In re Einset | Type: | Chapter 7 |
| Case Number: | 05-15663 | ||
| Judge: | Dales | Published: | 11/19/2009 |
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 ... View Opinion (new window)
| Case Title: | Asher v. Koper (In re Koper) | Type: | Chapter 7 |
| Case Number: | 09-00846 | Adversary Number: | 09-80214 |
| Judge: | Dales | Published: | 11/18/2009 |
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 ... View Opinion (new window)
| Case Title: | Estate of Thomas E. Knowlan v. Mapes (In re Mapes) | Type: | Chapter 7 |
| Case Number: | 09-03104 | Adversary Number: | 09-80287 |
| Judge: | Dales | Published: | 11/17/2009 |
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 ... View Opinion (new window)
| Case Title: | In re Northern News Company | Type: | Chapter 11 |
| Case Number: | 09-09550 | ||
| Judge: | Dales | Published: | 11/10/2009 |
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 ... View Opinion (new window)
| Case Title: | Solomon v. Miller (In re Miller) | Type: | Chapter 7 |
| Case Number: | 08-01545 | Adversary Number: | 08-80222 |
| Judge: | Dales | Published: | 10/30/2009 |
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. View Opinion (new window)
| Case Title: | In re Miller | Type: | Chapter 7 |
| Case Number: | 08-01545 | Adversary Number: | 08-80222 |
| Judge: | Dales | Published: | 10/16/2009 |
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... View Opinion (new window)
| Case Title: | Boyd v. Toyobo America, Inc. (In re Second Chance Body Armor, Inc.) | Type: | Chapter 7 |
| Case Number: | 04-12515 | Adversary Number: | 05-80019 |
| Judge: | Gregg | Published: | 10/05/2009 |
Thereafter, on May 22, 2009, Toyobo filed a reply to the Trustee s motion on the express warranty claims and a cross motion for summary judgment on those claims. The issues presented are: (1) whether the Trustee is entitled to summary judgment on the express warranty claims asserted in Count Iii of the Third Amended Complaint; (2) whether Toyobo is entitled to summary judgment on the express warranty claims 6 asserted in Count Iii of the Third Amended Complaint; (3) whether Toyobo is ... View Opinion (new window)
| Case Title: | In re: Sturgis Iron & Metal Co., Inc. | Type: | Chapter 11 |
| Case Number: | 08-02966 | ||
| Judge: | Hughes | Published: | 10/02/2009 |
Discussion A. Is Fifth Third Entitled To Receive As Administrative Rent Under Section 503(b)(1)(A)1 The Two Postpetition Monthly Payments That Came Due Under The Lease Before Debtor Rejected It? This section [Section 541] defines property of the estate, and specifies what property becomes property of the estate. 17. Indeed, the Committee suggests that executory contracts and unexpired leases immediately became property of the estate under the Bankruptcy Act just as they now do under the ... View Opinion (new window)
| Case Title: | In re Phandanouvong, In re Busher | Type: | Chapter 7 |
| Case Number: | 08-10058, 08-10348 | ||
| Judge: | Dales | Published: | 10/02/2009 |
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 ... View Opinion (new window)
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