Adversary Proceeding; 11 U.S.C. § 523(a)(2), (a)(4), and (a)6); Summary Judgment; Rule 56; Celotex; Liberty Lobby; tax fraud; Supreme Court; Debtor Liability in Debt Exception; Restitution.
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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
Chapter 13;
11 U.S.C. § 362(k);
Mortgage Arrears;
Automatic Stay Violation;
Partial Summary Judgment;
Credit Agency Reporting;
Application to Employ
§ 327(a)
§ 1203
§ 330
§ 1204
§1652
§ 1334(a)
In re 5900 Associates, Inc.
In re BH&P, Inc.
United States Trustee Denying Employment Application
Interested Counsel
In re Orbit Marketing LLC, d/b/a Climax Solar, d/b/a Climax Electrical Service, d/b/a Option 1 Genetics
Rule 2004, LBR 2004
Rule 9016
Fed. R. Civ. P. 45(d)(2)
Rule 45
Motion for the Production of Documents and Examination
Motion to Dismiss
12(b)(6)
Fed. R. Banks. P. 7012
Convert to Rule 56 summary judgment
Claim Preclusion, Res Judicata
Issue Preclusion, Collateral Estoppel
Memorandum of Decision and Order
Adversary Proceeding
§ 502(j)
Claim Preclusion, Res Judicata
Amending a Complaint
Fed. R. Bankr. P. 9011(a); LBR 5005-2(c); Fee Reconsideration; Chapter 13 fees; § 330 (a)(3) and (4); Boddy v United States Bankruptcy Court; lodestar analysis;
Moton to Convert or Dismiss; § 1112(b); § 1185(a); Law v Siegel; tenancy by the entirety; Chapter 11; Covert to Chapter 7; Debtor's Failure to File a Plan;
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) ...