The Debtors in the above-captioned Chapter 13 proceedings have filed amendments to their confirmed plans to add creditors who were not listed in the Debtors original schedules and who otherwise did not file proofs of claim. That section states that: The provisions of a confirmed plan bind the debtor and each creditor, whether or not the claim of such creditor is provided for by the plan, and whether or not such creditor has objected to, has accepted, or has rejected the plan. Creditors with...
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Judge James W. Boyd 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.
Judge Jeffrey R. Hughes
The Debtors in the above-captioned Chapter 13 proceedings have filed amendments to their confirmed plans to add creditors who were not listed in the Debtors original schedules and who otherwise did not file proofs of claim. That section states that: The provisions of a confirmed plan bind the debtor and each creditor, whether or not the claim of such creditor is provided for by the plan, and whether or not such creditor has objected to, has accepted, or has rejected the plan. Creditors with...
The Debtors in the above-captioned Chapter 13 proceedings have filed amendments to their confirmed plans to add creditors who were not listed in the Debtors original schedules and who otherwise did not file proofs of claim. That section states that: The provisions of a confirmed plan bind the debtor and each creditor, whether or not the claim of such creditor is provided for by the plan, and whether or not such creditor has objected to, has accepted, or has rejected the plan. Creditors with...
The Debtors in the above-captioned Chapter 13 proceedings have filed amendments to their confirmed plans to add creditors who were not listed in the Debtors original schedules and who otherwise did not file proofs of claim. That section states that: The provisions of a confirmed plan bind the debtor and each creditor, whether or not the claim of such creditor is provided for by the plan, and whether or not such creditor has objected to, has accepted, or has rejected the plan. Creditors with...
The Debtors in the above-captioned Chapter 13 proceedings have filed amendments to their confirmed plans to add creditors who were not listed in the Debtors original schedules and who otherwise did not file proofs of claim. That section states that: The provisions of a confirmed plan bind the debtor and each creditor, whether or not the claim of such creditor is provided for by the plan, and whether or not such creditor has objected to, has accepted, or has rejected the plan. Creditors with...
The Debtors in the above-captioned Chapter 13 proceedings have filed amendments to their confirmed plans to add creditors who were not listed in the Debtors original schedules and who otherwise did not file proofs of claim. That section states that: The provisions of a confirmed plan bind the debtor and each creditor, whether or not the claim of such creditor is provided for by the plan, and whether or not such creditor has objected to, has accepted, or has rejected the plan. Creditors with...
A trustee may sell property of the estate free and clear of a lien if the lienholder consents. Neither the Trustee nor Huntington offered any basis other than this implied consent under Section 363(f)(2) as authority to sell the Property free and clear of Dhillon s and Murphy Oil s liens. However, given that Section 363(f)(2) specifically requires each lienholder s consent before property may be sold free and clear of its lien, the Court is constrained to deny approval of Trustee s sale of ...
I believe that Congress intended Section 522(d)(10) to ensure that deserving debtors who are receiving non-wage benefits at the time they file for bankruptcy would receive the same treatment as debtors who are employed. If either debtor files a bankruptcy petition the day before that debtor is eligible to begin receiving payments under the plan or Ira, then the debtor s interest will be a likely candidate for liquidation. If the Debtors were not eligible, then Trustee shall submit a ...
The court denied confirmation of the plan because Rule 7001(2) of the Federal Rules of Bankruptcy Procedure1 requires that the validity, priority or extent of a lien in property be determined through an adversary proceeding. The court concludes that a debtor may not circumvent the special procedures required by Rule 7001 simply by incorporating the requested relief within a Chapter 13 plan unless Rule 7001 itself permits such relief through the confirmation process. Having concluded as a ...
It is the court s August 25, 2000 order denying approval of the proposed settlement which Metropolitan has asked the court to reconsider.6 Opinion Metropolitan has offered its own reasons as to why the court erred in denying approval of its settlement with Trustee. Several provisions in the Federal Rules of Bankruptcy Procedure9 do refer to court approval of settlements.10 Rule 9019(a) states when the court may approve a settlement or compromise by the trustee. The absence of any Bankruptcy ...