Richard E. Owens (the Debtor ) and Anne M. Owens ( Ms. Owens ) were divorced prior to the filing of the Debtor s bankruptcy case. The Debtor objected to the purported withdrawal, asserting that Ms. Owens lacked the ability to withdraw the claim as of right and that the court should not permit the withdrawal under Federal Rule of Bankruptcy Procedure 3006. Accordingly, the prior adversary proceeding does not bar withdrawal of Ms. Owens proof of claim.8 Second, the Debtor argues that Ms. ...
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Local Written Opinions
The Bankruptcy Court for the Western District of Michigan offers a database of opinions for the years 1999 to present, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.
Judge James D. Gregg
Because the state court complaint asserted multiple causes of action, and the state court judgment fails to identify the ground, or grounds, on which it is based, this court must also ascertain which issues were necessarily determined by the judgment. When applying collateral estoppel, the bankruptcy court must give a prior state court judgment the same preclusive effect that judgment would have in the state court, unless the Full Faith and Credit Statute, 28 U.S.C. 1738, provides an ...
Opinion Regarding Defendants Motions To Dismiss Complaints With Prejudice And Plaintiff S Motions For Leave To File Amended Complaints Appearances: John T. Piggins, Esq. Written motions to amend were first filed after the court took the Defendants dismissal motions under advisement.2 During July 2011, while the Defendants motions to dismiss remained under advisement, the Plaintiff filed written motions for leave to file amended complaints, with attached proposed amended complaints. ...
On October 22, 2011, the Trustee moved for summary judgment with respect to the 4 Debtor s claimed exemption. As of the filing date in this case, the Judgment in which the Debtor claims an exemption was not in a qualified tax exempt account. A debtor may exempt from property of the estate [r]etirement funds to the extent those funds are in a fund or account that is exempt from taxation[.]
Chief Judge Scott W. Dales
At the close of the Plaintiff s proofs, and upon Aurora s Motion for Judgment on Partial Findings, the court dismissed several of Frontier s claims, leaving only the issue of whether Aurora breached an oil and gas lease (the Hudson Agreement ) by making unwarranted deductions from Frontier s royalty checks and miscalculating Payout -- a negotiated and unique term dramatically affecting Frontier s royalty rate. Aurora continued to provide Frontier with Payout statements and Frontier ...
Although the Debtor s Brief implied that the Debtor and Tall Pine were claiming Alcohol Fuel Mixture Credits, 1 Alternative Fuel Credits, 2 and Alternative Fuel Mixture Credits,3 at the hearing on the Show Cause Order the Debtor stipulated that it is claiming only the Alternative Fuel Mixture Credit under 26 U.S.C. 6426(e). (ii) The claimant sold the alternative fuel mixture for use as a fuel or used the alternative fuel mixture as a fuel. An alternative fuel mixture is a mixture of ...
Dt 11-03122 Chapter 13 Hon. Scott W. Dales Opinion And Order Present: Honorable Scott W. Dales United States Bankruptcy Judge I. Introduction Chapter 13 Debtor Robert Borin ( Mr. Borin or the Debtor ) objects to the claim of his mortgagee, Arch Bay Holdings, Llc Series 2010C ( Arch Bay ), on the grounds that the creditor s Proof of Claim overstates the arrearage by failing to give him credit for prepetition payments. See Debtor's Objection to the Proof of Claim Number 141 Filed By Arch ...
United States Bankruptcy Court For The Western District Of Michigan Opinion And Order Regarding Motion For Default Judgment United States Bankruptcy Judge This matter is before the court on the motion of Chapter 7 Trustee Kelly M. Hagan (the Plaintiff ) for entry of default judgment (the Motion, Dn 7). The court has reviewed the complaint, the Motion, and the docket and concludes that Plaintiff is entitled to the relief she seeks. Stern, 131 S.Ct. at 2607 ( Section 157 allocates the ...
Hon. Scott W. Dales Supplemental Opinion Present: Honorable Scott W. Dales United States Bankruptcy Judge I. Introduction This opinion addresses whether the corporate Chapter 7 debtor, B & P Baird Holdings, Inc. (the Debtor ), and its shareholder ( Mr. Baird ), have standing to be heard with respect to at least two contested matters before the court: (1) the Chapter 7 trustee s motion to approve a settlement (the Settlement ) that he reached with ...
Ms. DeGroot s $38,000.00 obligation to the Debtor (the Receivable ) became property of the bankruptcy estate, although the Debtor did not list the Receivable on Schedule B. The Chapter 7 trustee Jeff A. Moyer (the Trustee ) was aware of the 1 Alias for Joel DeGroot: aka American Truss. In December 2010, the court granted the Trustee s motion to reopen the case, and the Trustee thereafter took steps to collect the Receivable from Ms. DeGroot, who did not have the benefit of counsel at the ...