United States Bankruptcy Court For The Western District Of Michigan Order Regarding Continuing Contempt United States Bankruptcy Judge Four months ago the court held Riverside Dental, P.C. (the Creditor ) in contempt of the discharge injunction of Michelle R. Moore (the Debtor ), based on the Debtor s credible testimony which established that the Creditor illegally garnished the Debtor s 2009 state tax refund in violation of 11 U.S.C. 524. Although a non-lawyer representative of the ...
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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
Order Denying Motion For Entry Of Default Judgment Present: Honorable Scott W. Dales United States Bankruptcy Judge Plaintiff Sally Jo Jones (the Plaintiff ) filed a complaint to determine that a student loan she co-signed for the benefit of her son should be discharged as imposing an undue hardship under 11 U.S.C. 523(a)(8). The Defendants are Sallie Mae, Inc. ( Sallie Mae ), who made the loan, and Gc Services Limited Partnership ( Gcs ), who is ...
97-88282 Order Regarding Request For Garnishment Writ Present: Honorable Scott W. Dales United States Bankruptcy Judge More than fifteen years ago, the court entered a consent judgment against debtordefendant Michael B. Moody, Jr., in favor of plaintiff Whirlpool Financial Corporation ( Whirlpool ). See Consent Judgment Declaring Debt to Whirlpool Financial Corporation NonDischargeable (the Judgment, Dn 4). Since obtaining the Judgment, Whirlpool has filed numerous requests for writs of ...
Mr. Knibbe s mortgage lender, Jp Morgan Chase Bank N.A. ( Chase ), through its counsel (Trott & Trott, P.C.), filed a motion for relief from the automatic stay on November 28, 2012 (the Motion, Dn 100). 2 This time, Mr. Knibbe did not change the title on Schedule D. 3 Mr. Knibbe scheduled Chase s debt on Schedule F as a mortgage in the undisputed amount of $243,903.00. Based on the Motion, Mr. Knibbe s response, the statements of the Trustee and Chase s counsel, the schedules, and the ...
Unlike an attorney or other professional whose authority to act for a debtor does not presumptively continue without court approval, O Keefe, as manager, is authorized under the Michigan Limited Liability Company Act, M.C.L. 440.4402, not just the Bankruptcy Code, to continue its management duties until the court finds a good reason to displace it under Section 1104. As the court acknowledged in its bench ruling, its conclusion that O Keefe is management, rather than a professional to be ...
Next, Mr. Hu filed a Rule 59 Motion to Vacate Dismissal on January 15, 2013 (the Rule 59 Motion, Dn 71), which the court will treat as referring to Rule 59 s bankruptcy cousins, Fed. On that same date, he filed a Motion for Declaratory Judgment and Injunctive Relief Under Rule 7065 that Local Rule 5.7(i) of this District Court is Facially Unconstitutional (the Declaratory Judgment Motion, Dn 72). While those motions were pending, Mr. Hu filed yet another motion, this one seeking an order...
United States Bankruptcy Court For The Western District Of Michigan In re: Stamp Farms, L.L.C., et al. Despite this consensus, the United States Trustee continued to challenge the propriety of the Break Up Fee that the Debtors and their stalking horse bidder, Boersen Farms, Inc. ( Boersen Farms ), prescribed in the Asset Purchase Agreement ( Apa, Dn 265-1) at 4.4. In his opinion, which the court shares, Boersen Farms would not have agreed to incur the expense and...
Dk 10-14592 Chapter 7 Hon. Scott W. Dales Order Denying Motion To Reconsider Lift Stay Order Present: Honorable Scott W. Dales United States Bankruptcy Judge The court granted the motion of Jp Morgan Chase Bank N.A. ( Chase ) for relief from the automatic stay in an Order entered on January 11, 2013 (the Lift Stay Order ). Mr. Knibbe opposed Chase s motion, and has timely filed a motion to reconsider the Lift Stay Order (the Reconsideration Motion, Dn 109). The court has carefully ...
United States Bankruptcy Court For The Western District Of Michigan Opinion And Order Denying Motion For Summary Judgment United States Bankruptcy Judge Plaintiff Stephen L. Langeland (the Trustee ) commenced this adversary proceeding against Defendants Chemical Bank, fka Byron Bank (the Bank ), Beverly A. Baird ( Ms. Baird ), and others1 to recover on a prepetition claim of chapter 7 1 In addition to the Bank and Ms. Baird, the Trustee has named as defendants (1) Smith Barney; (2) Chad ...
United States Bankruptcy Court For The Western District Of Michigan In re: Ying Hua Tam, aka Ying Hua Huang, Debtor. Dk 12-06379 Chapter 11 Hon. Scott W. Dales Order Present: Honorable Scott W. Dales United States Bankruptcy Judge Following the entry of the court s Order dated December 13, 2012 (Dn 61) dismissing the chapter 11 bankruptcy case of Ying Hua Tam for failure to pay the filing fee, pro se litigant Yaodi Hu filed, and the court has denied, five motions ...