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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 JoAnn C. Stevenson

On or about 1976, William Blank (Blank or Debtor) attended two Galesburg City (the City ) Commission meetings and one Planning Commission meeting wherein a discussion ensued regarding a parcel of property Blank intended to purchase.1 Once he was satisfied that the property in question was zoned Industrial, Blank purchased the property with the intention of using it for his excavating business and 2 residence. The City continued to request the clean-up of the property while pursuing Blank in ...

1 United States Bankruptcy Court For The Western District Of Michigan In Re: Daniel Lee Oswalt and Case No. Sk 03-04788 Michelle Arlene Oswalt, Chapter 7 aka Michelle Arlene Capp, aka Michelle Arlene Ellsworth, aka Michelle Arlene Theut, Debtors. Dated April 19, 2004 Honorable Jo Ann C. Stevenson United States Bankruptcy Judge United States Bankruptcy Court For The Western District Of Michigan ...

Opinion This matter comes before the Court upon Sn Servicing Corporation s Motion to Dismiss Adversary Proceeding for Lack of Jurisdiction. The Debtor argues that Sn Servicing consented to the Bankruptcy Court s jurisdiction when it filed its relief from stay. Sn Servicing also had notice of the bankruptcy before the Plan was completed and its claim arose prior to the bankruptcy filing.

Under the Purchase Agreement, Settlement Capital would receive the monthly payments due the Debtor from October 1, 1997 through September 30, 2007 and the lump sum payments due the Debtor on each September 25 from 2002 through 2007.1 The Purchase Agreement further granted a security interest to Settlement Capital in all payments made to the Debtor under the annuity in order to secure the Debtor s obligations. Finally, Settlement Capital claims that it is not seeking to have the debt ...

Opinion Awarding Attorney Fees And Denying Equicredit Corporation Of America S Motion For An Extension Of Time For Filing An Appeal This matter comes before the Court upon the Application for Attorney Fees and Costs submitted by Michael O. Nelson, attorney for the Debtor Plaintiffs (the Mourers) in an adversary proceeding brought against Equicredit Corporation of America (Equicredit). Due to the mandatory nature of the award of attorney s fees ...

Opinion The principal issue before this court is whether a properly perfected lien on a certificate of title from a foreign state is voidable by a bankruptcy trustee because the owner of the vehicle failed to retitle the vehicle four months after bringing it to Michigan. Analysis The first part of M.C.L.A. 440.2805 provides that perfection is governed by the law of the state 4 issuing the certificate of title (here, Maryland) unless the secured creditor ...

The court also notes that counsel for Alticor Corporation, Norman Rautiola (Rautiola) and Nartron Corporation were extremely well prepared and zealous in the pursuit of their clients 1 Timothy Leary, (1920-1996) American Psychologist and Author 2The name Nartron Electronics Corporation was eventually simplified to Nartron Corporation. Nartron and Gm appealed Judge Enslen s decision.5 A flurry of motions ensued, including Nartron s Motion to Abstain, Nartron s Motion for Relief from Stay, ...

Mcla 440.4105(e) defines collecting bank as a bank handling an item for collection except the payor bank. With respect to the Pupler checks however, the Bank was the payor bank because those checks were drawn from the Bank, thus making the Bank both the drawee of the checks and the payor bank. When the Ponzi scheme collapsed, the Bank found itself holding bank accounts that had been fully credited for checks that were suddenly worthless due to the seizure of the Pupler bank account by ...

On August 4, 2005, Plaintiff filed a Complaint to Avoid Unrecorded Mortgage on Real Property alleging that the second mortgage was unrecorded and therefore unperfected. In response, the Defendant alleged that the liens on property became effective at the point of origination, not recording; parties other than the Defendant might be liable for the failure of the recordation of the mortgage; the Plaintiff had constructive notice of the lien; and the avoidance of the lien would not benefit the ...

United States Bankruptcy Court For The Western District Of Michigan In re: Baldwin Sod, Llc, Case No. In April of 2004, Duane Baldwin s grandson, Gary Baldwin and his wife, Kimberly ( the Baldwins ) incorporated Baldwin Sod, Llc ( Baldwin Sod ). Consequently, the bankruptcy court will lift the stay for the parties to proceed in state court...

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