Court Approval Of Trustee Settlements Rule 9019(a) is simple enough. Rule 9019(a) approval was unnecessary.11 Other courts also agree that Rule 9019(a) does not mandate court approval of settlements. Second, limiting court involvement in trustee settlements to only Section 363(b) sales considerably narrows the universe of settlements that may be approved.
You are here
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
Ludwick s objection covers not only fees requested in Day & Sawdey s second application but also fees requested in its first application. I will also defer until then both final consideration of Day & Sawdey s fees under Section 330 and 9See also, 11 U.S.C. 328(b) (a trustee who employs himself as the estate s attorney may be compensated as a professional only to the extent the trustee performed services as attorney . . If one assumes that $50.00 per hour is a reasonable rate for nonlegal...
Grand Rapids, Michigan, attorney for Defendants Defendants Aegis Mortgage Corporation ( Aegis ), Mortgage Electronic Registration Systems, Inc. ( Mers ) and Jp Morgan Chase Bank ( Jpchase ) all seek to dismiss Trustee s complaint against them. The Feringa trustee, like Trustee here, had brought an avoidance action that, according to the defendant, could not be pursued in the reopened case. 9 Moreover, Trustee s March 20, 2007 motion for reopening the case states that the reason for the ...
The Bankruptcy Code, though, radically changed the law by transferring into the estate all of the debtor s property, including property that he might claim as exempt. The debtor s interest in entireties property automatically becomes property of the estate by operation of Section 541 and it is only the successful exemption of that interest by the debtor thereafter that again removes it by operation of Section 522(l). As previously discussed, Section 541(a)(1) includes within what becomes ...
Of course, Mr. Engman is entitled to press his case that he or perhaps Trustee is entitled to the share of the proceeds that Trustee is currently proposing to distribute to Ms. Scruggs and Ms. Jousma. W.D. Mich. 2008). 7 Discussion Trustee s motion focuses almost exclusively upon whether the settlements Trustee has reached should be approved under Rule 9019(a). This is how the Chapter 7 trustee s duties were previously described: Trustees shall (1) collect and reduce to money the property ...
(3) The debtor s interest, not to exceed $525 in value in any particular item or $10,775 in aggregate value, in household furnishings, household goods, wearing apparel, appliances, books, animals, crops or musical instruments, that are held primarily for the personal, family, or household use of the debtor or a dependent of the debtor. Granted, the more restricted definition might also be satisfactory, although the juxtaposition of household with family in, for example, Section 522(d)(3) ...
Grandville, Michigan, Chapter 7 Trustee The Chapter 7 Trustee, Jeff A. Moyer ( Trustee ), has objected to Debtor David Thomasma s claimed exemption of his 2007 tax refunds. Trustee contends that Debtor is timebarred from claiming this exemption because Debtor failed to include the refunds in his original schedules. This latter rule requires the debtor to file supplemental schedules should the debtor acquire assets post-petition that fall within the scope of Section 541(a)(5). Adding ...
Opinion Re: Lora Brown S October 30, 2008 Motion Appearances: Lora J. Brown Daniel W. Brown Jeff A. Moyer, Esq. Included among its agreed upon provisions was the requirement that Dr. Brown pay to Ms. Brown a monthly amount on account of her share of Dr. Brown s chiropractic business. Ms. Brown will have the same ability should this court ultimately rule in Ms. Brown s favor concerning her exemption of Dr. Brown s obligation under the judgment of divorce ...
Flat River had had a lending relationship with either Isabella Bank or its predecessor in interest since 2002.3 Dr. Weeks, in turn, had personally guaranteed whatever indebtedness Flat River owed to the bank. Isabella Bank also had Dr. Weeks sign a new guaranty of Flat River s debts on that same day. In other words, Isabella Bank, Flat River, and Dr. Weeks found themselves at a crossroad in their relationship when the Flat River line of credit expired shortly after Dr. Weeks had received his ...
According to Plaintiff, Mr. Smith is a former shareholder and officer of Smith Petroleum Co. Plaintiff s basis for jurisdiction with this court rests solely upon Plaintiff s acquisition of the purported interest from the estate through a sale authorized by this court. Therefore, if this court has jurisdiction to hear this matter, this court itself must be satisfied that Congress has conferred it with that jurisdiction. That section states as follows: (b) Notwithstanding any Act of Congress ...