Memorandum of Decision and Order
Adversary Proceeding
Summary Judgment
11 U.S.C. § 550
11 U.S.C. § 548
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Chief Judge Scott W. Dales
Memorandum of Decision and Order
Chapter 13
Fed. R. Bankr. P. 3002.1(f)(1)
Fed. R. Civ. P. 56(f)
The Plaintiffs did not consummate the purchase and the Defendant-Debtor Gina Marie Jones ( Defendant ),1 to whom they tendered the Deposit, refused to return it. , and Michigan Administrative Rule 125.1403, the Deposit the Plaintiffs tendered to the Defendant comprised the res of the statutory trust upon which the Plaintiffs premised their fiduciary breach claim. With respect to consumer deposits, the Act provides that a manufactured home dealer, such as the Defendant, shall not: (b) ...