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Chief Judge Scott W. Dales Opinions

The Bankruptcy Court for the Western District of Michigan offers a database of opinions for the years 1999 to Current, 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

Dk 12-06794 Chapter 11 Hon. Scott W. Dales Order Regarding Motion For Continuation Of Stay Present: Honorable Scott W. Dales United States Bankruptcy Judge Chapter 11 Debtor Lanphear Tool Works, Inc. ("Debtor") filed Debtor's Motion for Continued Automatic Stay Pursuant to 11 U.S.C. 362 (the "Motion," Dn 24). Although the Motion itself does not refer to any particular subsection of Section 362, the docket entry, presumably prepared by Debtor's counsel when he electronically filed the Motion...

Order Regarding Objection to Claim.  It Is So Ordered. Dated September 27, 2012

Opinion and Order Regarding Dismissal Motion.  Bell Atlantic Corp. v. Twombly

United States Bankruptcy Court For The Western District Of Michigan Opinion And Order Disallowing Administrative Claim United States Bankruptcy Judge I. Introduction Before the Chapter 11 bankruptcy filing of Michigan BioDiesel, Llc (the Debtor ) and until the appointment on November 22, 2011, of Chapter 11 trustee Thomas R. Tibble (the Trustee ), Mr. John Oakley served as chief executive officer for the Debtor. Shortly after the Trustee s appointment, Mr. Oakley, acting pro se, filed a ...

The issue for decision is whether the Property qualifies as Sare, a term the Bankruptcy Code defines as follows: The term single asset real estate means real property constituting a single property or project, other than residential real property with fewer than 4 residential units, which generates substantially all of the gross income of a debtor who is not a family farmer and on which no substantial business is being conducted by a debtor other than the business of operating the real ...

United States Bankruptcy Court For The Western District Of Michigan In re: John Gordon Young and Geraldine J. Young, Debtors. On October 1, 2007, the court approved Mr. Cotner s fees and expenses for $11,509.02. To summarize, the court will allow fees in a reduced amount calculated as follows: 3. Expenses Many of the expenses itemized in Exhibit C to the Second Application appear reasonable and necessary, but the court will disallow the expenses related to the ...

United States Bankruptcy Court For The Western District Of Michigan In re: Jan Christiaan Knibbe, Debtor. Dk 10-14592 Chapter 7 Hon. Scott W. Dales Memorandum Order Regarding Debtor S Motion Present: Honorable Scott W. Dales United States Bankruptcy Judge Pro se Chapter 7 Debtor Jan Christiaan Knibbe filed a Motion to Demand Chapter 7 Trustee to Certify Charges (the Motion, Dn 80), which the court considered during a hearing on October 24, 2012 in Kalamazoo, ...

United States Bankruptcy Court For The Western District Of Michigan In re: Jan Christiaan Knibbe, Debtor. Dk 10-14592 Chapter 7 Hon. Scott W. Dales Memorandum Order Denying Debtor S Motion To Take Judicial Notice Present: Honorable Scott W. Dales United States Bankruptcy Judge Again without benefit of counsel, Chapter 7 Debtor Jan Christiaan Knibbe (the Debtor ) filed a motion that is confusing and difficult to understand. See Motion to Take Judicial Notice (the ...

United States Bankruptcy Court For The Western District Of Michigan Opinion And Order Regarding Sale Motion United States Bankruptcy Judge Chapter 7 trustee Thomas R. Tibble ( Trustee ) filed a motion for authority to sell certain real estate commonly known as 126 Ridgewood Street, Kalamazoo, Michigan (the Property ) for $67,000.00, free and clear of liens and other interests under 11 U.S.C. 363(f) (the Motion, Dn 29). The Motion identifies two liens asserted against the Property: a ...

United States Bankruptcy Court For The Western District Of Michigan Opinion And Order Regarding Second Dismissal Motion United States Bankruptcy Judge I. Introduction Chapter 7 trustee Jeff A. Moyer (the Trustee ) alleges that debtor William K. Przybysz (the Debtor ) used several entities including the Miracle Match Foundation ( Mmf ) and Wkp Enterprises, Llc ( Wkpe and, with Mmf, collectively the Related Entities ) as instrumentalities to conduct a classic Ponzi scheme. 4. Alter Ego ...

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