Memorandum Opinion Re: Trustee S December 12, 2006 Motion On December 12, 2006, Trustee filed a motion entitled Motion of James W. Boyd, Chapter 7 Trustee, for Entry of Order Approving Settlement for Distribution of Sale Proceeds Pursuant to Fed. Trustee s proposed settlement, if it is a settlement at all, involves the distribution of proceeds realized by Trustee from the sale of lots associated with a real estate development known as Sun-DaGo. Trustee...
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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
Paragraph (10) exempts certain benefits that are akin to future earnings of the debtor; paragraph (11) allows the debtor to exempt certain compensation for losses. In other words, the court in Williams would not have had to deny the debtors claimed exemptions outright had it rejected Evans and concluded instead that Section 522(d)(11) also offered the debtor an opportunity to exempt worker s compensation awards. I recognize that LaBelle distinguished workers compensation benefits from ...
Traverse City, Michigan, attorney for Colleen Olson, Chapter 7 Trustee Colleen Olson ( Trustee ) commenced this adversary proceeding to compel Donald M. Bays to disgorge a retainer paid to him in connection with: (a) his pre-petition representation of Seek Wilderness; and (b) his subsequent representation of the Chapter 11 bankruptcy estate created after Seek Wilderness filed its petition for relief. The application Seek Wilderness filed as debtor-in-possession to employ Mr. Bays as the ...
Calculating a debtor s projected disposable income for purposes of Chapter 13 plan confirmation pre-dates Bapcpa. Therefore, only that which has been accurately set forth as the debtor s current monthly income in line 14 of the debtor s Form B22C is relevant for purposes of determining the income component of the Section 1325(b) disposable income calculation. However, Section 1325(b), not Section 707, ultimately controls the determination of disposable income for purposes of plan ...
Alternatively, would not the doctrine of collateral estoppel preclude a subsequent Chapter 7 trustee from objecting to the debtor s claimed exemption in a converted Chapter 7 if the exemption of that property had also been an issue in the Chapter 13 trustee s unsuccessful Section 1325(a)(4) objection to the debtor s prior plan? Nor would conversion of this case from Chapter 13 to Chapter 7 have affected the Chapter 7 trustee s right to object to Debtor s claimed objection had the prior ...
On March 16, 2007, Mr. Moyer filed an objection to various exemptions claimed by Debtors. Debtors also contend that Mr. Moyer s objections should be denied because Mr. Moyer did not in fact serve his objections upon Debtors personally as required by Rule 4003(b). Conclusion Although there remain at least some substantive disputes between Debtors and Mr. Moyer concerning the exemptions Debtors have claimed, those disputes are rendered moot because Mr. Moyer did not file a timely objection to ...
Traverse City, Michigan, attorney for Colleen Olson, Chapter 7 Trustee On June 1, 2007, Aegis Mortgage Company ( Aegis ) filed a motion entitled Motion to Vacate Order Reopening Case and to Reclose Case. Consequently, Aegis had sought through the state court litigation to reform the vacant lot mortgage that Debtors had actually granted to Aegis to include the Marley Street residence as well. Moreover, Ms. Olson has now commenced an adversary proceeding in which Aegis may raise its defenses...
Brighton, Michigan, attorney for Defendant Jeff A. Moyer, the Chapter 7 trustee in this case, commenced an adversary proceeding against Abn Amro Mortgage Group, Inc. ( Abn ) to avoid a mortgage Abn claims against Debtors residence. Rule 7012(b) and Fed.R.Civ.P. 12(b)(6). Abn argues that Mr. Moyer is barred from commencing the complaint by the statute of limitations imposed by Section 546(a) of the Bankruptcy Code.2 Abn further argues that Mr. Moyer may not now maintain the claim he has ...
It is also understood that district courts and bankruptcy courts within this circuit are bound by published Sixth Circuit decisions. Courts have also concluded that the decision of a single district court judge in a multiple judge district is not binding upon the bankruptcy court for that district. However, the amount of deference a bankruptcy court must give to a superior court s decisions is ultimately determined by whatever policy the superior court chooses to adopt.16 A superior court s...
Trustee s original complaint alleged that Huntington had received fraudulent transfers both under Section 548 and under the Michigan Fraudulent Transfer Act (via Section 544(b)). For example, Huntington persists in its contentions that Trustee s count for unjust enrichmentconstructive trust should be dismissed because Trustee lacks standing and that Trustee s fraudulent conveyance counts fail because Trustee is unable to establish that the subject transfers caused any diminution of CyberCo ...