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.
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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
That plan discriminates between their joint creditors and their individual creditors by offering a 100% dividend to their joint creditors instead of the much smaller dividend offered to their individual creditors. These courts in effect create a separate bankruptcy estate to administer the entireties property in which the debtor has claimed a Section 522(b)(2)(A) exemption. A debtor who claims the Section 522(b)(2) exemptions may exempt his interest in entireties property.
Opinion Re: Trustee S June 18, 2004 Motion To Distribute Proceeds To Sun-Da-Go Condominium Association Appearances: John August Engman, Esq. I interpret Trustee s motion as in fact a request for court approval of the underlying settlement Trustee reached with the condominium association concerning its claimed liens in the condominium lots. The Trustee acknowledges that his settlement with the Sun-Da-Go condominium association contemplates paying the ...
Revised Article 9 then specifically addresses the relationship between Article 9 security interests taken in manufactured homes and competing mortgage liens taken in the same manufactured homes. As explained in Gregory, Revised Article 9 creates a statutory scheme whereby a creditor may take an Article 9 security interest in a manufactured home regardless of whether the manufactured home is affixed or not to real property. For example, the Article 9 secured creditor would have priority over...
Revised Article 9 then specifically addresses the relationship between Article 9 security interests taken in manufactured homes and competing mortgage liens taken in the same manufactured homes. As explained in Gregory, Revised Article 9 creates a statutory scheme whereby a creditor may take an Article 9 security interest in a manufactured home regardless of whether the manufactured home is affixed or not to real property. For example, the Article 9 secured creditor would have priority over...
Revised Article 9 then specifically addresses the relationship between Article 9 security interests taken in manufactured homes and competing mortgage liens taken in the same manufactured homes. As explained in Gregory, Revised Article 9 creates a statutory scheme whereby a creditor may take an Article 9 security interest in a manufactured home regardless of whether the manufactured home is affixed or not to real property. For example, the Article 9 secured creditor would have priority over...
After three years, general unsecured creditors who hold a joint claim owned by both Alan Raynard and Karen Raynard, will receive payments from the debt plan until paid in full. The Raynards August 25, 2005 amended plan provides that the Raynards will pay $2,280.00 per month.8 However, according to the Raynards, only $635.00 of each monthly installment will be available for unsecured creditors because the balance will be used to pay the Raynards secured 9The Raynards have not scheduled ...
Rather, Debtor utilizes Ixc s and Opex s services in connection with Debtor s provision of telecommunication services to its own customers. Unlike Consumers Energy and Sprint, neither Ixc nor Opex is providing a service to Debtor that Debtor itself consumes. That is, a utility that is permitted to discontinue utility services under subsection (c) may also choose to discontinue utility services under subsection (b) if the debtor does not offer adequate assurance of payment as required by ...
Ccu kept the mortgage so that it could be recorded with the Kalamazoo County register of deeds office. 13 In the instant case, the race between Ccu and any subsequent purchaser ended when the Kalamazoo County register of deeds office accepted Ccu s February 9, 2004 mortgage for filing. Consequently, it was impossible for any subsequent purchaser of Debtor s home to get ahead of Ccu s February 9, 2004 mortgage once the Kalamazoo County register of deeds office had accepted Ccu s mortgage for...
Grand Rapids, Michigan, attorney for the Chapter 7 Trustee Thomas C. Johnson, Asst. Attorney General, Grand Rapids, Michigan, attorney for Muia The State of Michigan has filed a claim for reimbursement of unemployment benefits paid to Albion Health Services former employees. However, the unanimous panel in Suburban Ii observed at the end of its opinion that: [T]he non-tax characteristics of Suburban s liability for reimbursement for claims payments predominate over its tax characteristics...