Opinion And Order Denying Motion To Compel Present: Honorable Scott W. Dales United States Bankruptcy Judge After years of litigation in the state and federal courts, including a trip to the United States Court of Appeals for the Sixth Circuit, chapter 13 debtor Richard K. Miller (the Debtor ) succeeded in confirming a plan several months ago.1 Among other things, the Plan required the State Bank of Florence (the Bank ) to release its mortgage on 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
The Debtor obtained her Private Loans from three separate commercial lenders.3 Each lender purchased a guaranty on its loan from The Educational Resources Institute ( Teri ) at the time each lender made the loan. 3 The five Private Loans include one loan from Charter One, one loan from Bank of America, and three loans from Jpmorgan Chase. In O Brien, as here, the debtor obtained an educational loan from a private lender through one of Teri s loan programs, and Teri guaranteed the loan.
( Mr. Helm ), the Debtor proposed, and the court confirmed, a reorganization plan (as modified, the Plan, Dn 14, 52, 98), premised largely on a settlement between the Debtor and Mr. Helm. The Debtor made payments pursuant to the Plan during the 36 months following confirmation, and from time to time, Mr. Helm challenged the settlement or the Plan, complaining that the Debtor, Debtor s counsel, Helm s former counsel, the United States Trustee, and even the court engaged in misconduct ...
To assist him in exercising his avoidance powers, the Trustee seeks to retain the Sielatycki Law Firm, Plc (the Firm ) and has filed an Application for Order Authorizing Trustee to Employ Special Litigation Counsel (the Application, Dn 102). Following oral argument from the Trustee, Ms. Averycheva, and the United States Trustee, the court took the matter under advisement. 11 U.S.C. 105(a) (court may raise issues sua sponte to carry out provisions of title 11) & 327(c) (United States ...
United States Bankruptcy Court For The Western District Of Michigan Order United States Bankruptcy Judge The court entered a judgment against Defendant Daniel E. Knickerbocker (the Defendant ) in favor of Plaintiff Phillip E. Hutchinson (the Plaintiff ), requiring the Defendant to pay the Plaintiff $70,113.00 plus costs and interest under 28 U.S.C. 1961. See Judgment in Adversary Proceeding dated April 8, 2008 (the Judgment, Dn 56). Recently, the Plaintiff has started to take steps to ...
Order Denying Motion For Relief From Automatic Stay Present: Honorable Scott W. Dales United States Bankruptcy Judge On October 22, 2013, creditor Micb-Pcb Re Holdings Iv, Llc (the Creditor ) filed a motion for relief from the automatic stay (the Motion, Dn 47) seeking to enforce its mortgage against the residence of chapter 11 debtors James and Brenda Graham (the Debtors ). The Debtors filed their response to the Motion, arguing that, in an order dated...
13-80178 v. Yankee Springs Mhc, Llc, and Patterson Home Sales, Inc., Defendants. Order Denying Trustee S Motion For Approval Of Settlement Present: Honorable Scott W. Dales United States Bankruptcy Judge Chapter 7 trustee Thomas C. Richardson (the Trustee ) sued Defendants Yankee Springs Mhc, Llc and Patterson Home Sales, Inc. (the Defendants ) to avoid as unperfected a security interest in the 2007 Dutch manufactured home (the Manufactured Home ) that ...
To summarize the Trustee s opposition, he contends that Michigan Protein s attorneys charge unreasonable rates in excess of rates charged in the Western District of Michigan. In view of the affidavits from Michigan Protein s counsel, and given the absence of any opposing affidavit regarding the reasonableness of counsels hourly rates, the court will permit Michigan Protein to recover attorneys fees based on the hours spent and rates described and supported in the affidavits of Messrs. The...
Order Regarding Debtor S Objection To Claim Present: Honorable Scott W. Dales United States Bankruptcy Judge Chapter 13 debtor Bonnie Lou Keller ( Debtor ) filed a protective proof of claim in a nominal amount after her aunt-turned-creditor, Helen LePage ( Ms. LePage ), failed to file her own proof of claim. Therefore, because it was possible (under the prior version of the rule) for a creditor to file a timely claim after a debtor or trustee had filed a ...
Prior to bankruptcy, the Debtor regularly sold Fats to the Defendant, negotiating price for each truckload. A). Finally, the Plaintiff asserts that the Debtor, as debtor-in-possession, did not receive court authority to sell the Fats to the Defendant for $0.06 per pound. In making its argument, the Defendant contends that the Debtor had perfectly good business reasons, involving plant capacity and the nature of the Fats themselves, for selling Fats to the Defendant using the Split Load ...