Sbc furnishes Lucre the use of its network and other services and Sbc in turn purchases from Lucre some of the services Lucre generates. Sbc also wants the automatic stay modified so that it may setoff pre-petition and post-petition obligations owing by Lucre to it against pre-petition and post-petition obligations that Sbc still owes to Lucre. However, what is really at issue is whether Lucre can, as debtor-in-possession, demand post-petition services from Sbc under the prepetition ...
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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
Hm 05-90141 Donald Louis Mars and Karen Alayne Mars, Debtors. , Grand Rapids, Michigan, attorney for the United States Trustee The United States Trustee ( Ust ) filed a motion to dismiss Mr. and Ms. Marses Chapter 7 bankruptcy proceeding pursuant to 11 U.S.C. 707(b). However, in neither of these cases did the Sixth Circuit in fact dismiss the debtor s Chapter 7 proceeding simply because the debtor could propose a viable Chapter 13 plan.
The Chapter 7 trustee s final report and final account documents the Chapter 7 trustee s compliance with Section 726. The Chapter 7 trustee would administer the Chapter 7 case on credit and all administrative claimants would simply wait until the Chapter 7 trustee made his Section 726 distributions. St. Joseph Cleaners confirmed Chapter 11 plan, like all confirmed Chapter 11 plans, required that Chapter 11 administrative claims be paid in full within a short time after confirmation.
However, Ms. Olson s calculation was based upon Ms. Welch s original Schedules I and J. Therefore, Ms. Olson did not consider either the post-petition increase in Ms. Welch s or her husband s net income or the substantial adjustments Ms. Welch claimed are necessary to accurately reflect her and her husband s actual monthly expenditures. Ms. Hamlin also opined that Ms. Welch had sufficient disposable income to fund a Chapter 13 plan. However, Ms. Hamlin, unlike Ms. Olson, did take into ...
Traverse City, Michigan, attorney for Defendant Defendant, Jpmorgan Chase Bank ( Chase Bank ), filed a motion for summary judgment with respect to the Chapter 7 Trustee s complaint. Discussion The Chapter 7 Trustee contends that Chase Bank s security interest in the Impala is no longer perfected and, therefore, subject to avoidance under Section 544(a), because Debtor did not replace the Wisconsin certificate of title with a Michigan certificate of title. Specifically, Chase Bank s name ...
Laws 600.5451 appears to simply expand the universe of exemptions from which a debtor may choose should the debtor elect Section 522(b)(2) as the exemption scheme in his bankruptcy proceeding. Thus, in giving states the ability to opt out of the federal bankruptcy exemptions Congress did not give them the authority to create bankruptcy exemptions. The Bankruptcy Clause of the Constitution gives Congress the exclusive power to establish what 15 exemptions a debtor may claim in conjunction ...
9 Vesting Of Estate Property Upon confirmation of the Plan, all property of the estate shall vest in the Debtor, except for the future earnings of the Debtor and other property specifically devoted to the Plan. Kolenda involved property that the debtor had acquired post-confirmation whereas the property in this instance had been acquired by Debtors before confirmation of their plan. The mere revesting of the property in the debtor upon Chapter 13 plan confirmation does not convert property ...
Section 522(d)(5) permits a debtor to exempt from property of the estate the debtor s interest in any property that became property of the estate provided that the value of the property claimed as exempt does not exceed a specified amount. If the debtor does not file such a list, a dependent of the debtor may file such a list, or may claim property as exempt from property of the estate on behalf of the 8 debtor. Nonetheless, the trustee contended that the debtor s exemption could still be ...
Opinion Re: Trustee S October 30, 2006 Motion For Reconsideration On October 30, 2006, the Chapter 7 Trustee filed a motion entitled Trustee s Motion for Reconsideration of Order Dated October 20, 2006 Denying Trustee s Motion for Approval of Settlement. In this instance, the Chapter 7 Trustee requests only for an order allowing reconsideration of the denial of the Chapter 7 Trustee s Motion for approval of settlement agreement. However, it is the terms...
Therefore, Hospital Staffing Services does seem to support Ms. Westerbeek s argument that a court other than a bankruptcy court has jurisdiction to decide issues related to the automatic stay. 1992) (bankruptcy court and state court both held action in state court not barred by the stay, but the Third Circuit reversed the bankruptcy court and remanded with instructions to enter an order vacating the judgment of the state court under an exception to the Rooker-Feldman doctrine). Raymark ...