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.
Motion to Reconsider; FRCP 401
attorney fees; conversion from chapter 13 to chapter 7; non-estate property; no bad faith; deduct unpaid claims; 11 U.S.C. 503(b)
Motion for Summary Judgment; Discovery; Federal Rules Civil Procedure 56; Federal Rules Civil Procedure 26(c); Laches; MCL 600.5803