Nearly a month after entry of the judgment, the Appellant filed Records Supplementing Plaintiff s Exhibit 2 to Plaintiff s Response to Defendants Motion to Dismiss (the PostJudgment Records, Dn 58). Almost a week after filing the Post-Judgment Records, the Appellant filed a Motion to Seal or Restrict Access to Part of Record (the Motion to Seal, Dn 64), through which he seeks to seal the Post-Judgment Records, purportedly pursuant to Hippa [sic] and Michigan statutes. Although 2 Unlike ...
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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.
Chief Judge Scott W. Dales
About this same time, the Defendant s brother suggested that they purchase some commercial property on 54th Street in Kentwood, Michigan (the 54th Street Property ). 18). The Defendant sought his attorney s advice -- the same attorney who had a lien on the 54th Street Property -- because the Defendant was fairly certain that the 54th Street Property was worth closer to $3.3 million. To start, the Plaintiff claims that the Defendant concealed $60,000.00 of his property that was transferred ...
Thereafter, he filed this adversary proceeding to avoid the mortgage the Debtor granted at the closing to Mr. Krymis, and that was to be assigned to Almena, as well as the equitable mortgage filed later by Almena, as those liens continued to encumber the sale proceeds. Finally, as between Mr. Krymis and the Equity Trust Company on the one hand, and Almena on the other, the court finds that Almena has the superior claim because Almena undisputedly provided the funds the Debtor used to ...
In the course of investigating the affairs of Mr. Przybysz, Mr. Moyer came to believe that Mr. Przybysz had In re: William K. Przybysz, Debtor. 1 Accordingly, as Mr. Przybysz s bankruptcy trustee (the Przybysz Trustee ), he commenced thirty adversary proceedings against individuals and other entities who allegedly received fraudulent transfers either from Mr. Przybysz or the Llcs. Motions To Designate William K. Przybysz As Debtor Having concluded that the Llc cases will survive the ...
United States Bankruptcy Court For The Western District Of Michigan In re: Frank George Kagel, Iii and Jennifer Ann Kagel, Debtors. Jennifer Kagel, her counsel, counsel for the Cass County Treasurer (the Treasurer ), an Assistant Attorney General, and Title-Check, Llc ( Title-Check ) participated in the hearing. 2 The Debtors may have suffered injury from the foreclosure process, which they may address by promptly moving in the Cass County Circuit Court to set aside...
United States Bankruptcy Court For The Western District Of Michigan Order Regarding Motion To Strike United States Bankruptcy Judge Defendant Michigan Protein, Inc. ( Michigan Protein ) filed a motion for summary judgment seeking dismissal of the complaint of plaintiff (and chapter 7 trustee) Thomas R. Tibble (the Trustee ), which eventually1 prompted a response from the Trustee. P. 37(c), Michigan Protein filed the Motion of Michigan Protein, Inc. to Strike Undisclosed Witness Affidavits ...
For reasons that follow, the bankruptcy court recommends that the United States District Court dismiss the Plaintiffs fraudulent transfer count, but preserve the remaining counts to be resolved in the district court under that court s diversity jurisdiction, without reference to the bankruptcy court. For example, the Plaintiffs allege that Pratt stole millions of dollars from Mvm by transferring funds from Mvm s account and fraudulently incurring obligations in this manner, and that [u]...
United States Bankruptcy Court For The Western District Of Michigan Opinion And Order Granting Motion For Turnover Of Retainer Present: Honorable Scott W. Dales United States Bankruptcy Judge On September 5, 2012, Newcomb Print Communications, Inc. (the Debtor ) filed a chapter 11 bankruptcy petition. Prior to filing its case, the Debtor entered into an Attorney Fee Agreement (the Agreement, Dn 21-1) with Attorney Donald Darnell wherein non-debtor Newcomb & Companies, Inc. agreed to pay ...
Dg 12-02555 Chapter 13 Hon. Scott W. Dales Order Regarding Debtors Objection To Fees Present: Honorable Scott W. Dales United States Bankruptcy Judge This matter involves a dispute between the chapter 13 debtors Gary E. Shroyer and Dondra K. Shroyer (the Debtors ) and their attorney, Larry Ver Merris (the Attorney ), over attorney fees and expenses. Because the Debtors raised no objection prior to the court s order granting the fee application, the court is treating the Debtors informal ...
12-80384 v. Northstar Education Finance, Inc., Defendant. Memorandum Opinion Denying Debtor S Motion To Alter Or Amend Judgment Appearances: Nathan C. Maas, Lansing, Michigan, Pro se DebtorPlaintiff. On November 16, 2012, Nathan C. Maas (the Debtor ) filed the above-captioned adversary proceeding against Northstar Education Finance, Inc. ( Northstar ). 18.) The Debtor filed a response to the motion for summary judgment, and two hearings 2 were held on ...