Revised Article 9 then specifically addresses the relationship between Article 9 security interests taken in manufactured homes and competing mortgage liens taken in the same manufactured homes. As explained in Gregory, Revised Article 9 creates a statutory scheme whereby a creditor may take an Article 9 security interest in a manufactured home regardless of whether the manufactured home is affixed or not to real property. For example, the Article 9 secured creditor would have priority over...
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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 Jeffrey R. Hughes
Revised Article 9 then specifically addresses the relationship between Article 9 security interests taken in manufactured homes and competing mortgage liens taken in the same manufactured homes. As explained in Gregory, Revised Article 9 creates a statutory scheme whereby a creditor may take an Article 9 security interest in a manufactured home regardless of whether the manufactured home is affixed or not to real property. For example, the Article 9 secured creditor would have priority over...
Revised Article 9 then specifically addresses the relationship between Article 9 security interests taken in manufactured homes and competing mortgage liens taken in the same manufactured homes. As explained in Gregory, Revised Article 9 creates a statutory scheme whereby a creditor may take an Article 9 security interest in a manufactured home regardless of whether the manufactured home is affixed or not to real property. For example, the Article 9 secured creditor would have priority over...
After three years, general unsecured creditors who hold a joint claim owned by both Alan Raynard and Karen Raynard, will receive payments from the debt plan until paid in full. The Raynards August 25, 2005 amended plan provides that the Raynards will pay $2,280.00 per month.8 However, according to the Raynards, only $635.00 of each monthly installment will be available for unsecured creditors because the balance will be used to pay the Raynards secured 9The Raynards have not scheduled ...
Rather, Debtor utilizes Ixc s and Opex s services in connection with Debtor s provision of telecommunication services to its own customers. Unlike Consumers Energy and Sprint, neither Ixc nor Opex is providing a service to Debtor that Debtor itself consumes. That is, a utility that is permitted to discontinue utility services under subsection (c) may also choose to discontinue utility services under subsection (b) if the debtor does not offer adequate assurance of payment as required by ...
Ccu kept the mortgage so that it could be recorded with the Kalamazoo County register of deeds office. 13 In the instant case, the race between Ccu and any subsequent purchaser ended when the Kalamazoo County register of deeds office accepted Ccu s February 9, 2004 mortgage for filing. Consequently, it was impossible for any subsequent purchaser of Debtor s home to get ahead of Ccu s February 9, 2004 mortgage once the Kalamazoo County register of deeds office had accepted Ccu s mortgage for...
Grand Rapids, Michigan, attorney for the Chapter 7 Trustee Thomas C. Johnson, Asst. Attorney General, Grand Rapids, Michigan, attorney for Muia The State of Michigan has filed a claim for reimbursement of unemployment benefits paid to Albion Health Services former employees. However, the unanimous panel in Suburban Ii observed at the end of its opinion that: [T]he non-tax characteristics of Suburban s liability for reimbursement for claims payments predominate over its tax characteristics...
Sbc furnishes Lucre the use of its network and other services and Sbc in turn purchases from Lucre some of the services Lucre generates. Sbc also wants the automatic stay modified so that it may setoff pre-petition and post-petition obligations owing by Lucre to it against pre-petition and post-petition obligations that Sbc still owes to Lucre. However, what is really at issue is whether Lucre can, as debtor-in-possession, demand post-petition services from Sbc under the prepetition ...
Judge James D. Gregg
Must court-appointed professionals in the chapter 11 case disgorge carve-out funds approved by the court pursuant to a Dip financing order? Also, Specker does not address an instance when a court-ordered carve-out is established or when a court-appointed professional is paid from a secured creditor's -7property rather than property of the estate. The court will determine the division of the carve-out funds between the court-appointed professionals in the future.
1. Subsequently, an Agreement ("contract") between the Ingham County Parks Department ("Ingham County") and the Debtor was executed. In accordance with the first Application for Payment submitted on March 1, 2001 by the Debtor, and approved by the Ingham County Project Manager, the Debtor received $48,865.50. 12. When the judgment was not paid, Ingham County obtained an order from the State of Michigan, Ingham County Circuit Court, to seize the Debtor's property.