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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

United States Bankruptcy Court For The Western District Of Michigan In re: Gregory N. Hart and Case No. Justin Kyle Simons, Carl Daniel Simons, Adversary Proceeding and Jessy James Simons, No. Background On May 17, 2005 at approximately 4:45 p.m., Carl Simons (Simons or Plaintiff) was riding his motorcycle when a car driven by Gregory Hart (Hart or Defendant) attempted to make a left-hand turn and collided with Simons= motorcycle.

After drinking at the Micon Wayside Bar and Grille (the Wayside Bar or Plaintiff), Debtor caused a car accident, seriously injuring two people. The accident victims filed a negligencedram shop action in state circuit court which resulted in a judgment of $50,000.00 against the Wayside Bar. The judgment of $50,000.00 awarded the Wayside Bar in Oceana County Circuit Court under the indemnification provisions of Mcla '436.1801(6) is not dischargeable by the Debtor in bankruptcy.

Background Penny S. Fisher and her husband John L Esperance took title to real property located in Bridgeton Township in Newaygo County, Michigan (Bridgeton Township Property or Property). The Treasurer argues that she provided all notices required by the Michigan General Property Tax Act which governs the foreclosure of property due to non-payment of taxes. For all such property, the county treasurer must send notice by first-class mail to the person to whom the tax bill for the property ...

Chief Judge Scott W. Dales

The Plaintiffs did not consummate the purchase and the Defendant-Debtor Gina Marie Jones ( Defendant ),1 to whom they tendered the Deposit, refused to return it. , and Michigan Administrative Rule 125.1403, the Deposit the Plaintiffs tendered to the Defendant comprised the res of the statutory trust upon which the Plaintiffs premised their fiduciary breach claim. With respect to consumer deposits, the Act provides that a manufactured home dealer, such as the Defendant, shall not: (b) ...

Judge Jeffrey R. Hughes

Rather, it only establishes the circumstances where a district court can authorize the bankruptcy court as its adjunct to exercise on its behalf the jurisdiction that only the district court enjoys under 28 U.S.C. 1334. 10Our authority derives from the district court s referral through W.D. LcivR 83.2 of all bankruptcy matters to the bankruptcy judges. Chipping away at Authority Section 157(b)(2) subpart by subpart is a disservice to both the district courts and the bankruptcy courts if, ...

Opinion Re: Huntington S October 7, 2011 Motion - Enforcement Of Automatic Stay The Huntington National Bank ( Huntington ) requests that the automatic stay be enforced with respect to litigation that El Camino Resources, Ltd. ( El Camino ) has commenced against it in the federal district court.1 For the reasons given in this opinion, the court determines that the stay prohibits El Camino from proceeding further with that litigation. However, El Camino ...

Huntington learned of the Teleservices transfers because Cyberco maintained its bank accounts at Huntington. Laws 566.38(2)(b); and (3) Cyberco did not give value for any of these transfers, as Huntington agrees that none of the transfers were on account of a debt Teleservices owed to Cyberco. Although Section 550(b)(1) controls whether Huntington has a defense to the transfers Teleservices was depositing into Cyberco s Huntington accounts, Section 548(c) controlled the already decided ...

Trustee S Argument Stern v. Marshall5 is the Supreme Court s most recent decision regarding a bankruptcy judge s authority. In effect, the Court was confronted with two possibilities either the bankruptcy court had the constitutional authority to enter the judgment against Pierce or it did not. 32 Indeed, it is the Court s refusal in both Stern and Northern Pipeline to allow a bankruptcy court to do everything that Congress might like that stands as a clear indication that the Court will...

After some discovery, U.S. Bank and the trustee entered into a settlement pursuant to which the trustee dismissed the estate s lawsuit with prejudice and abandoned the estate s interest in the three parcels to the Debtor. Within the year following the dismissal, U.S Bank took steps to foreclose the Debtor s interest in Parcels A, B and C, which prompted the Debtor to file suit in Kent County Circuit Court (the State Court ), challenging the mortgage on the same grounds the trustee ...

14 Cpt Holdings As already indicated, the issue Trustee raises is whether the withdrawal liability associated with a debtor s participation in a multiemployer plan should be included in deciding whether a constructively fraudulent transfer has been made. Rather, it addressed the much different question of whether a debtor s withdrawal liability was discharged as part of a confirmed Chapter 11 plan even though the debtor s actual withdrawal from the plan had not occurred until later. ...

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