Opinion and Order Regarding Motion to Quash.Taxpayer Client Tax Returns at Issue e.g. Butner v. United States but which of these entitlements is subject to discharge or a trustee's avoiding power is beyond state control
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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
This adversary proceeding involves losses sustained by the Plaintiff, First American Title Insurance Company ( First American ) when Advantage Title and Escrow Agency, Inc. ( Advantage Title ) failed to remit premium payments owed to it under an insurance agency agreement. Just prior to the official opening of Advantage Title, First American and Advantage Title entered into a written Policy Issuing Agency Contract ( Agency Agreement ) dated March 18, 2002. 1.) Under the Agency Agreement, ...
Among other things, the Trustee s objection asserted that the Damage Portion of California s claim was duplicative of individual claims and the Class Claim and that the Penalty Portion of the claim should be subordinated under 726(a)(4) of the Bankruptcy Code. Like all other states that filed claims against the Debtor s bankruptcy estate, California s damage claim shall be paid through the Class Claim. Distributions on allowed claims, including the Class Claim and the German States claims...
Chief Judge Scott W. Dales
Order Regarding Objection to Claim. It Is So Ordered. Dated September 27, 2012
Opinion and Order Regarding Dismissal Motion. Bell Atlantic Corp. v. Twombly
United States Bankruptcy Court For The Western District Of Michigan Opinion And Order Disallowing Administrative Claim United States Bankruptcy Judge I. Introduction Before the Chapter 11 bankruptcy filing of Michigan BioDiesel, Llc (the Debtor ) and until the appointment on November 22, 2011, of Chapter 11 trustee Thomas R. Tibble (the Trustee ), Mr. John Oakley served as chief executive officer for the Debtor. Shortly after the Trustee s appointment, Mr. Oakley, acting pro se, filed a ...
The issue for decision is whether the Property qualifies as Sare, a term the Bankruptcy Code defines as follows: The term single asset real estate means real property constituting a single property or project, other than residential real property with fewer than 4 residential units, which generates substantially all of the gross income of a debtor who is not a family farmer and on which no substantial business is being conducted by a debtor other than the business of operating the real ...
United States Bankruptcy Court For The Western District Of Michigan In re: John Gordon Young and Geraldine J. Young, Debtors. On October 1, 2007, the court approved Mr. Cotner s fees and expenses for $11,509.02. To summarize, the court will allow fees in a reduced amount calculated as follows: 3. Expenses Many of the expenses itemized in Exhibit C to the Second Application appear reasonable and necessary, but the court will disallow the expenses related to the ...
United States Bankruptcy Court For The Western District Of Michigan In re: Jan Christiaan Knibbe, Debtor. Dk 10-14592 Chapter 7 Hon. Scott W. Dales Memorandum Order Regarding Debtor S Motion Present: Honorable Scott W. Dales United States Bankruptcy Judge Pro se Chapter 7 Debtor Jan Christiaan Knibbe filed a Motion to Demand Chapter 7 Trustee to Certify Charges (the Motion, Dn 80), which the court considered during a hearing on October 24, 2012 in Kalamazoo, ...
United States Bankruptcy Court For The Western District Of Michigan In re: Jan Christiaan Knibbe, Debtor. Dk 10-14592 Chapter 7 Hon. Scott W. Dales Memorandum Order Denying Debtor S Motion To Take Judicial Notice Present: Honorable Scott W. Dales United States Bankruptcy Judge Again without benefit of counsel, Chapter 7 Debtor Jan Christiaan Knibbe (the Debtor ) filed a motion that is confusing and difficult to understand. See Motion to Take Judicial Notice (the ...