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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

United States Bankruptcy Court For The Western District Of Michigan In re: Steven W. Okke, Debtor. Mr. Okke has Mrs. Okke urges the court to abstain from ruling on Mr. Okke s turnover request under the abstention provisions of 28 U.S.C. 1334. Conclusion This court respects the State Court s role in domestic relations matters, and will not stand in the way of the exercise of that court s authority to modify Mr. Okke s domestic support obligations.

The court issued the Show Cause Order, sua sponte, in response to actions that Thomas R. Tibble, the trustee in Michael Stamp s chapter 11 bankruptcy case, and Melissa Stamp, the member of Royal Star Farms, L.L.C. ( Royal Star Farms ), reportedly took to displace the Debtors manager, O Keefe & Associates Consulting, L.L.C. ( O Keefe ). In addition to the Debtors, responding parties include: Melissa Stamp (Dn 785), the Ust (Dn 788), First Farmers Bank & Trust (Dn 791), Mr. Tibble (Dn 792),

Order Re: Waiver Of Discharge Of Debt And Consent To Entry Of Judgment Present: Honorable Scott W. Dales United States Bankruptcy Judge Chapter 13 Debtors Benjamin and Glenda Chadwick filed a document with the court on April 9, 2013 entitled Waiver of Discharge of Debt and Consent to Entry of Judgment (the Waiver, Docket No. 28). The Waiver purports to waive the discharge of Glenda Chadwick s debt to Point O Woods Golf & Country Club ( Point O Woods ), ...

The only issue is whether the plan payments in the hands of chapter 12 trustee Joseph A. Chrystler (the Trustee ) should revest in the Debtors pursuant to 11 U.S.C. 349 or be distributed to creditors in accordance with the confirmed Plan. For the following reasons, the court will dismiss the case after the Trustee distributes the remaining funds in accordance with the Plan. 1 See Debtors Joint Chapter 12 Plan (Dn 17) and Debtors First Amendment to Debtors Joint Chapter 12 Plan (Dn 75) ...

Marcia Meoli (the Bankruptcy Trustee ) has named the Trust s trustees, Karen Thrun and Janice Waterway, as defendants.1 By filing this adversary proceeding, the Bankruptcy Trustee seeks an order declaring that the Debtor s beneficial interest in his mother s Trust is included within his bankruptcy estate. In confronting a similar controversy involving 541(c)(2) and Michigan trust law, the court has looked to the Restatement (Second) of Trusts, as the Michigan Supreme Court itself has, to ..

To resolve Mr. Beckett s summary judgment motion, the parties ask the court to decide whether to recognize a lien in Mr. Beckett s favor under the parties divorce decree or declare that the Debtor holds the Property free of his lien, either because it did not attach, was not perfected, or was extinguished. 1 Although the Debtor contends that the State Court extinguished Mr. Beckett s lien, the Debtor did not favor the court with a copy of the court s decision. B. Extinguishment of the ...

About this same time, the Defendant s brother suggested that they purchase some commercial property on 54th Street in Kentwood, Michigan (the 54th Street Property ). 18). The Defendant sought his attorney s advice -- the same attorney who had a lien on the 54th Street Property -- because the Defendant was fairly certain that the 54th Street Property was worth closer to $3.3 million. To start, the Plaintiff claims that the Defendant concealed $60,000.00 of his property that was transferred ...

Nearly a month after entry of the judgment, the Appellant filed Records Supplementing Plaintiff s Exhibit 2 to Plaintiff s Response to Defendants Motion to Dismiss (the PostJudgment Records, Dn 58). Almost a week after filing the Post-Judgment Records, the Appellant filed a Motion to Seal or Restrict Access to Part of Record (the Motion to Seal, Dn 64), through which he seeks to seal the Post-Judgment Records, purportedly pursuant to Hippa [sic] and Michigan statutes. Although 2 Unlike ...

Thereafter, he filed this adversary proceeding to avoid the mortgage the Debtor granted at the closing to Mr. Krymis, and that was to be assigned to Almena, as well as the equitable mortgage filed later by Almena, as those liens continued to encumber the sale proceeds. Finally, as between Mr. Krymis and the Equity Trust Company on the one hand, and Almena on the other, the court finds that Almena has the superior claim because Almena undisputedly provided the funds the Debtor used to ...

In the course of investigating the affairs of Mr. Przybysz, Mr. Moyer came to believe that Mr. Przybysz had In re: William K. Przybysz, Debtor. 1 Accordingly, as Mr. Przybysz s bankruptcy trustee (the Przybysz Trustee ), he commenced thirty adversary proceedings against individuals and other entities who allegedly received fraudulent transfers either from Mr. Przybysz or the Llcs. Motions To Designate William K. Przybysz As Debtor Having concluded that the Llc cases will survive the ...

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