Lift of Stay; 11 USC 362; lack of equity; unemployment income; third party funding plan
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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
claim secured by real estate; anti-modification clause; 11 USC 1123(b)(5); 11 USC 1322(b)(2); security interest in share account
Motion for Summary Judgment; burden of proof; Michigan Uniform Fraudulent Transfer Act; Michigan Uniform Voidable Transactions Act; 11 USC 523(a)(2)(A); lack of specifity in pleadings; valid lien; fully encumbered property excluded from definition of "asset" under Act; MCL 566.31; control agreement; deposit accounts; identifiable cash proceeds; MCL 440.9315 (3) and (4)(b).
Discovery dispute; privilege log; executory agreement; rejection; breach
Motion to Reconsider; MUVTA; 11 USC 523(a)(2); valid lien; perfected security interest; transferee of funds; MCL 440.9332(2); MCL 566.31(r); MCR 3.101
permissive abstention; 28 USC 1334(c)(1); executory contract; assignment and transfer of rights; deemed rejection; pre-petition or post-petition breach; proof of claim; transfers under 11 USC 365; transfers under 11 USC 363; assignment of breached contract; no impact on bankruptcy estate; contract dispute between non-debtor parties non-core; lack of candor.
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) ...