Motion for Default Judgment; improper service; 11 USC 523(c); United Coin; meritorious defense;
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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
compel copies of deposition transcripts; stenographer right to charge reasonable fees; reallocation of discovery expenses; FRCP 32.; 28 USC §1920.
11 USC § 543(d); Receivership; excused from turnover to trustee or debtors in possession; 11 USC § 362(d); cause to lift the automatic stay; forbearance; pre-petition agreement for stay relief in future bankruptcy.
Judge JoAnn C. Stevenson
United States Bankruptcy Court For The Western District Of Michigan In re: Richard G. Lacasse, Case No. Afterwards, this Court discovered that LaCasse had decided to appeal the Michigan Court of Appeals decision to the Michigan Supreme Court. Once this determination is made, the State Court shall advise the Bankruptcy Court so that the Bankruptcy Court can enter the appropriate order.
Opinion In June of 1989, Ronald E. Reblin (Reblin or Debtor) and Bernard Schueren formed a partnership known as Rapid River Estates. On October 3, 1997, the Trustee filed an adversary proceeding against Sure Financial alleging unlawful transfers by Reblin under the Michigan Uniform Partnership Act, the Michigan Uniform Fraudulent Conveyances Act, 11 U.S.C. 544 and 11 U.S.C. 549. The Court grants the Trustee s Cross Motion for Summary Judgment as to Counts I and Iv and in so doing also ...
This figure included a $15,001.00 secured claim, a $37,707.42 priority claim and a $16.00 unsecured claim. 2 On May 29, 1998, the Chapter 13 Trustee filed a Motion and Order to Allow Claims which specifically listed the late filed claim of the Irs. The Irs contends that its claim, although filed late should be allowed under the Order to Allow Claims filed by the Trustee.
Not For Publication United States Bankruptcy Court For The Western District Of Michigan In re: Barbara J. McGhee, Case No. Even though McGhee noticed that Vicky s name and credit information did not appear anywhere on the credit application and realized that the car dealership would be looking exclusively to her for payment, McGhee voluntarily signed both the credit application and the promissory note. Dated: April 25, 2000 Honorable Jo Ann C. Stevenson United States Bankruptcy Judge 9 ...
This matter comes before the court upon a Motion for Summary Judgment filed by the Plaintiff, Jessalyn Vander Mey (Plaintiff). Collateral Estoppel We turn next to whether the Plaintiff may rely on collateral estoppel to bar the Defendant from litigating in this court issues raised and decided during the prior state court proceedings. The default judgment at issue here satisfies the actually litigated requirement because it was put into issue by Plaintiff s pleadings, submitted to ...
Opinion On November 30, 1999, Chapter 7 Trustee, James Boyd, (Boyd or Trustee) filed a Motion for Turnover seeking to require the Debtors, Ronald and Peggy Orth, (Orths or Debtors) to turn over the proceeds received from the sale of certain real estate previously owned by their company, Oct Inc. (Oct). The promissory note was not listed as an asset on Schedule B and the mortgage was not listed as real property on Schedule A. The Oct stock was listed but not exempted on the schedules. Dated...
Not For Publication United States Bankruptcy Court For The Western District Of Michigan In re: Victor Stanley Overaitis, Jr., Case No. 3 Facts On January 21, 1998, Victor Stanley Overaitis Jr. (Overaitis or Debtor) hired Johnson to represent him in a divorce. Dated: January 4, 2001 Honorable Jo Ann C. Stevenson United States Bankruptcy Judge 7 United States Bankruptcy Court For The Western District Of Michigan In re: Victor Stanley Overaitis, Jr., Case No.