Discussion A. Is Fifth Third Entitled To Receive As Administrative Rent Under Section 503(b)(1)(A)1 The Two Postpetition Monthly Payments That Came Due Under The Lease Before Debtor Rejected It? This section [Section 541] defines property of the estate, and specifies what property becomes property of the estate. 17. Indeed, the Committee suggests that executory contracts and unexpired leases immediately became property of the estate under the Bankruptcy Act just as they now do under the ...
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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
Wyoming, Michigan, attorney for the Chapter 7 Trustee Jeff A. Moyer ( Trustee ) has filed a motion under Section 542 of the Bankruptcy Code1 to recover from Debtors William and Kimberly Fleming tax refunds and other amounts that had become the estate s property upon the commencement of their Chapter 7 case. of property that the trustee may use, sell, or lease under section 363 of this title, or that the debtor may exempt under section 522 of this title, shall deliver to the trustee, and ...
Opinion Re: Trustee S April 9, 2009 Objection To Debtors Claim Of Exemptions Jeff A. Moyer ( Trustee ) has objected to the exemption of federal and state tax refunds now claimed by Terry and Julie Trudell. Trustee concedes that the Trudells 2008 tax refund qualifies for exemption under Section 522(d)(5).6 Trustee also agrees that the Trudells have more than enough available under that subsection to cover the entire amount claimed. Trustee has not had ...
4 Turner is correct that while Section 101(5) may define what a claim is, it does not speak to the status of the claim, that is, whether the claim is a prepetition claim, a postpetition claim, an administrative expense claim, or an unsecured, secured or priority claim. As already indicated, Section 1322(a)(2) requires Ms. Hight to pay all priority claims, including all Section 507(a)(8) tax claims, in full over the term of the plan. Although the claim did not in fact become a right to ...
Hg 05-00690 Teleservices Group, Inc., Debtor. Opinion Re: Huntington National Bank S Motions For Substantive Consolidation The Huntington National Bank ( Huntington ) has filed separate motions to substantively consolidate the Chapter 7 cases of Cyberco Holdings, Inc. ( Cyberco ) and Teleservices Group, Inc. ( Teleservices ). Of such a claim the bankruptcy court cannot retain further jurisdiction unless the claimant consents to its adjudication in the ...
Hg 05-00690 Teleservices Group, Inc., Debtor. Opinion Re: Huntington National Bank S Motions For Substantive Consolidation The Huntington National Bank ( Huntington ) has filed separate motions to substantively consolidate the Chapter 7 cases of Cyberco Holdings, Inc. ( Cyberco ) and Teleservices Group, Inc. ( Teleservices ). Of such a claim the bankruptcy court cannot retain further jurisdiction unless the claimant consents to its adjudication in the ...
Attorneys for Defendant Trustee Marcia Meoli has sued The Huntington National Bank ( Huntington ) to recover over $73 million1 in fraudulent transfers Huntington allegedly received either directly from Teleservices Group, Inc. ( Teleservices ) itself or indirectly through a related company, Cyberco 2Teleservices Group, Inc. and Cyberco Holdings, Inc. were related companies with a common owner. Indeed, this case presents the odd situation of Huntington asserting its good faith under Section...
Opinion Re: Motions For Leave To Appeal And Stay Pending Appeal Ronald and Sandra Mains ( Debtors ) have filed a motion for leave to appeal this court s decision to deny confirmation of their Chapter 13 plan. The bankruptcy court must ultimately determine whether the debtor s plan, given his or her individual circumstances, satisfies the purposes undergirding Chapter 13: a sincerely-intended repayment of pre-petition debt consistent with the debtor s ...
Opinion Re: Debtors June 15, 2011 Motion - Exemption On June 30, 2011, this court heard Debtors June 15, 2011 motion entitled Debtors Request for Hearing and Motion for Reconsideration of the Court s June 8, 2011, Provisional Order. The June 15, 2011 motion was in reference to this court s provisional order entered on June 8, 2011 (Dn 36). The court denied Debtors June 15, 2011 motion for the reasons stated on the record at that time. This court ...
Opinion Re: Cendant Mortgage Corporation S November 5, 2010 Motion - Stay Cendant Mortgage Corporation ( Cendant ) seeks relief from the automatic stay because of Debtors post-confirmation defaults on a long term indebtedness secured by their residence. At issue is whether Section 1329, which governs post-confirmation plan amendments, permits Debtors to fend off Cendant s stay motion in this fashion.8 The court had scheduled an evidentiary hearing. ...