The issue before the court is whether Debtor s interest in either the Tiaa annuity or the Ford Ssip trust is included among the Debtor s interests in property transferred to the estate created when Debtor filed his petition for relief under the Bankruptcy Code. I conclude that Debtor s interest in the Tiaa annuity did become property of the estate but that Debtor s interest in the Ford Ssip trust did not become property of the estate. Like Debtor in the instant case, the debtor in Barnes ...
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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
In a Chapter 12 proceeding, 11 U.S.C. 1201-1231, a trustee represents the bankruptcy estate in some matters and the debtor, again as the estate s debtor-in-possession, represents the bankruptcy estate in other matters unless the bankruptcy court removes the debtor as the bankruptcy estate s debtor-in-possession. For example, if the bankruptcy trustee liquidates property of the estate pursuant to Section 363, she conveys title to that property on behalf of the bankruptcy estate, not on ...
In a Chapter 12 proceeding, 11 U.S.C. 1201-1231, a trustee represents the bankruptcy estate in some matters and the debtor, again as the estate s debtor-in-possession, represents the bankruptcy estate in other matters unless the bankruptcy court removes the debtor as the bankruptcy estate s debtor-in-possession. For example, if the bankruptcy trustee liquidates property of the estate pursuant to Section 363, she conveys title to that property on behalf of the bankruptcy estate, not on ...
In a Chapter 12 proceeding, 11 U.S.C. 1201-1231, a trustee represents the bankruptcy estate in some matters and the debtor, again as the estate s debtor-in-possession, represents the bankruptcy estate in other matters unless the bankruptcy court removes the debtor as the bankruptcy estate s debtor-in-possession. For example, if the bankruptcy trustee liquidates property of the estate pursuant to Section 363, she conveys title to that property on behalf of the bankruptcy estate, not on ...
In a Chapter 12 proceeding, 11 U.S.C. 1201-1231, a trustee represents the bankruptcy estate in some matters and the debtor, again as the estate s debtor-in-possession, represents the bankruptcy estate in other matters unless the bankruptcy court removes the debtor as the bankruptcy estate s debtor-in-possession. For example, if the bankruptcy trustee liquidates property of the estate pursuant to Section 363, she conveys title to that property on behalf of the bankruptcy estate, not on ...
Walling & Foster, P.C., Battle Creek, Michigan, for Defendant Mbna America Bank ( Mbna ) has submitted for entry a proposed consent judgment in conjunction with a settlement reached between it and Laura M. Henning, the defendant in this adversary proceeding. The settlement stipulation between Mbna and Ms. Henning also included a proposed consent judgment. However, Mbna did commence an adversary proceeding against Ms. Henning and Mbna now requests that the court enter a consent judgment ...
Grand Rapids, Michigan, for Countrywide Home Loans Countrywide Home Loans ( Countrywide ) claims a lien in real property and a manufactured home affixed to that property. 125.2330d(1). However, the intersection of the Mobile Home Commission Act and Revised Article 9 does not extend beyond issues regarding the perfection of an Article 9 security interest in a manufactured or mobile home. Revised Article 9 clearly provides that compliance with the title certificate requirements of the ...
Opinion Re: Trustee S Objection To Claim Mary Viegelahn Hamlin, the Chapter 13 trustee, has objected to the allowance of the proof of claim filed by Shelly Grotenhuis in this bankruptcy proceeding. The Chapter 13 trustee agreed at the hearing that her only basis for objecting to Ms. Grotenhuis claim was that the proof of claim itself did not have attachments evidencing the obligation upon which the claim was made. Nonetheless, the Chapter 13 trustee ...
U.S. Bank falls within paragraph 3.2 of Debtors plan because Debtors scheduled U.S. Bank as fully secured. Debtor classifies claims as secured in this Plan only if Debtor is retaining the collateral for such claims. There is no other reference in Debtors July 14 plan to the amount of the prepetition arrearage due U.S. Bank. Therefore, the plan mailed to U.S. Bank on July 17, 2003 placed U.S. Bank on notice that Debtors intended to treat U.S. Bank as having a fully secured claim in the ...
Deutsche Bank National Trust Company ( Deutsche Bank ) is a creditor of the Debtors. Debtors indicated in their plan that they owed Deutsche Bank $78,235.00 and that the indebtedness 2Specifically, Debtors confirmed plan provided that: Creditor, Deutsche Bank, shall retain its mortgage lien. 8 Debtors assume that Deutsche Bank is under some obligation to accept the Chapter 13 trustee s cure of the post-confirmation default of Deutsche Bank s rights to payment under that plan.