Bankruptcy Court for the Eastern District of Michigan Court Cases

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  1. In Re Lough (1986)

    The Peoples Bank & Trust of Alpena filed this involuntary petition against Bette Mae Lough pursuant to 11 U.S.C. § 303 arising from two debts which the bank claims that Mrs. Lough owes to it. For the reasons stated in this memorandum opinion,[1] the Court concludes that there is a bona fide dispute concerning the bank's claim, and that therefore the involuntary petition must be dismissed.


    Court: Bankruptcy Court for the Eastern District of Michigan Docket: Bankruptcy No. 84-03451-R
  2. In Re Zaporski (2007)

    On August 24, 2006, Mark Zaporski filed this chapter 7 case. The U.S. Trustee moved to dismiss this case for abuse. The UST's motion is brought under § 707(b)(2) and (3) of the Bankruptcy Code. On December 15, 2006, the Court held a hearing on the UST's motion. The parties agreed that there were material facts in dispute and, therefore, the Court conducted an evidentiary hearing on January 24, 2007. At the conclusion of the hearing, the Court took the matter under advisement. This Court has [...]

    Court: Bankruptcy Court for the Eastern District of Michigan Docket: 06-51617
  3. In Re Hughes (2004)

    This matter came before the Court at a hearing on July 15, 2004 on Debtor's objections to the proofs of claims filed by eCAST Settlement Corporation (eCAST). The Court OVERRULES Debtor's objections and ALLOWS the claims as filed by eCAST in their entirety.


    Court: Bankruptcy Court for the Eastern District of Michigan Docket: 03-65944
  4. In Re Gaylor (1991)

    The issue here is whether a chapter 7 debtor can force a creditor holding a mortgage on real property of the estate to accept less than the full balance owing when the debtor eventually sells the property after the case is closed. To our knowledge, this is the first Chapter 7 "strip down" ever attempted in this district.


    Court: Bankruptcy Court for the Eastern District of Michigan Docket: Bankruptcy No. 90-09271, Adv. No. 90-9069
  5. In Re Particka (2006)

    This opinion involves the interpretation and application of the so called "hanging paragraph" that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") added to the end of § 1325(a)(9) of the Bankruptcy Code. The Debtors in this case propose a Chapter 13 plan that provides for them to surrender a 2004 Chrysler Sebring to DaimlerChrysler Financial Services Americas LLC ("DaimlerChrysler") under § 1325(a)(5)(C) of the Bankruptcy Code in full satisfaction of [...]

    Court: Bankruptcy Court for the Eastern District of Michigan Docket: 06-46162
  6. In Re Briggs (1992)

    This matter involves no disputed issues of fact. On May 18, 1988, Security Federal Credit Union (the "Credit Union") loaned George W. Briggs (the "Debtor") $8,000. The debt was secured by the Debtor's 1984 Mansion mobile home, as well as a share account maintained by the Debtor at the Credit Union. Pursuant to an automatic payroll deduction arrangement, $125 of the Debtor's wages was paid weekly into his Credit Union account by the Debtor's employer, General Motors Corp. The Credit Union then [...]

    Court: Bankruptcy Court for the Eastern District of Michigan Docket: Bankruptcy No. 91-20668
  7. In Re Colvin (2003)

    The trustee has filed a motion for turnover of a $10,000 tax refund that the debtors failed to disclose until the trustee examined them following the meeting of creditors. The debtors object and seek to exempt a portion of the refund. The Court conducted a hearing on October 15, 2002, and took the matter under advisement. The Court now concludes that the debtors improperly concealed the tax refund and that therefore the trustee's motion should be granted and the debtors' exemption should be [...]

    Court: Bankruptcy Court for the Eastern District of Michigan Docket: 02-48403-R
  8. In Re Made in Detroit, Inc. (2003)

    This matter came before the Court on September 10 and 12, 2003, at a hearing on confirmation of competing plans of reorganization. At the conclusion of the hearing, the Court issued an opinion denying confirmation of the Debtor's Plan and confirming the Plan of the Official Committee of Unsecured Creditors. With regards to the Committee's Plan, the Court signed an Order Confirming the Committee's Plan. With regards to the Debtor's Plan, the Court stated that it would issue a written Opinion and [...]

    Court: Bankruptcy Court for the Eastern District of Michigan Docket: 02-65108
  9. In Re Davis (2006)

    This Chapter 13 case involves an issue arising under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"). The issue is whether the phrase "applicable commitment period" is a temporal requirement that defines how long a debtor's Chapter 13 plan must be, or simply a mathematical formula for determining the minimum amount that a debtor must pay to unsecured creditors under her plan in order to obtain a discharge without regard to the length of the plan. At a hearing held [...]

    Court: Bankruptcy Court for the Eastern District of Michigan Docket: 06-43888
  10. In Re Gonzales (1993)

    The Debtors filed a joint petition for relief under chapter 13 of the Bankruptcy Code. Their schedules showed a combined projected monthly income of $4,668.46, and projected monthly expenses of $3,368.46. From the projected $1,300 monthly excess of income over expenditures, the Debtors' plan proposed bi-weekly payments of $600 for a period of three years,[1] which they estimated would yield a dividend to general unsecured claims of roughly 28%. The trustee calculated a dividend of only 20.2%.

    Court: Bankruptcy Court for the Eastern District of Michigan Docket: Bankruptcy No. 92-21180
  11. Matter of Fordson Engineering Corp. (1982)

    Claiming a breach of contract, a complaint was filed in this Court by Fordson Engineering Corporation (Fordson) for recovery of damages from Brian & Gregory Contracting Company (B & G) in the amount of approximately $76,850.00.


    Court: Bankruptcy Court for the Eastern District of Michigan Docket: Bankruptcy No. 80-07070-W, Adv. No. 81-1955
  12. In Re Dow Corning Corp. (1999)

    Ogden N. Lewis, Donald S. Bernstein, Michael S. Flynn, Davis Polk & Wardwell, Sheryl L. Toby, Michael J. Friedman, Honigman, Miller, Schwartz & Cohn, New York City, for the Official Committee of Unsecured Creditors.


    Court: Bankruptcy Court for the Eastern District of Michigan Docket: Bankruptcy No. 95-20512
  13. In Re Esquivel (1999)

    The Trustee objects to confirmation of Debtor's chapter 13 plan, which characterizes funds borrowed from Debtor's pension account as secured debt and excludes pension-account loan repayments from Debtor's disposable income,[1] while paying 8% of unsecured creditors' claims, on the grounds that it contravenes 11 U.S.C. § 1325(b)[2] and the "spirit of relief" of the Bankruptcy Code. The Court concludes that Debtor's plan is not confirmable because (1) the proposed pension-account loan repayments [...]

    Court: Bankruptcy Court for the Eastern District of Michigan Docket: Bankruptcy No. 99-20327
  14. In Re Richards (2000)

    Sheila Solomon, the chapter 7 trustee, filed this motion for turnover of a lawsuit filed by Raymond Richards in Wayne County Circuit Court. Richards filed an objection. On May 15, 2000, the Court conducted a hearing on the motion and, after requesting a stipulation of facts from the parties, took the matter under advisement. For the reasons stated below, the trustee's motion is granted.


    Court: Bankruptcy Court for the Eastern District of Michigan Docket: 99-44490-R
  15. In Re Dow Corning Corp. (2000)

    Patrick L. Hughes, Verner, Liipfert, Bernhard, McPherson and Hand, Chartered, Houston, TX, Kenneth H. Eckstein, Kramer Levin Naftalis & Frankel LLP, Tallahassee, FL, for the Official Committee of Tort Claimants.


    Court: Bankruptcy Court for the Eastern District of Michigan Docket: 95-20512
  16. In Re Dow Corning Corp. (1997)

    On February 15, 1996, Dow Corning Corporation (the "Debtor") filed two motions. One was styled a "Motion . . . to Estimate the Tort Claims and to Establish Estimation Hearing Procedures". The other was a "Motion for the Appointment of an Independent Panel of Scientific Experts Under Federal Rule of Evidence 706."


    Court: Bankruptcy Court for the Eastern District of Michigan Docket: Bankruptcy No. 95-20512
  17. In Re Barman (1999)

    In this adversary proceeding, the trustee objects to the discharge of the debtors, Harold and Evelyn Barman, on the grounds that they refused to obey a court order in another bankruptcy case concerning an insider. 11 U.S.C. § 727(a)(7). The matter is before the Court on the trustee's motion for summary judgment. The debtors oppose the motion, asserting that there are genuine issues of material fact regarding: (1) whether they had notice of the order; (2) whether the case in which the order [...]

    Court: Bankruptcy Court for the Eastern District of Michigan Docket: Bankruptcy No. 98-53776-SWR. Adversary No. 98-4812
  18. In Re Independence Village, Inc. (1985)

    Independence Village, Inc. is a Michigan non-profit corporation which operates a 252-unit life-care facility for the elderly, located in Frankenmuth, Michigan. Its construction was financed by a loan made to it by the Economic Development Corporation of the City of Frankenmuth ("EDC"). The EDC borrowed the $14 million necessary for the construction of the facility from approximately 1,000 individuals and institutions, in return for its tax-exempt bonds which were secured by a mortgage on the [...]

    Court: Bankruptcy Court for the Eastern District of Michigan Docket: Bankruptcy No. 85-09039
  19. In Re Little (1994)

    On April 29, 1993, the Debtor filed a voluntary petition for relief under chapter 7 of the Bankruptcy Code. The Plaintiff was listed in the Debtor's Schedule F as holding an unsecured nonpriority claim. The Plaintiff timely sued the Debtor for a determination that the debt, which was reduced to judgment in state court, is not dischargeable in bankruptcy by virtue of 11 U.S.C. § 523(a)(4).


    Court: Bankruptcy Court for the Eastern District of Michigan Docket: Bankruptcy No. 93-20460. Adv. No. 93-2070
  20. In Re Bliss Technologies, Inc. (2004)

    At the request of Defendants, and in response to an Order of the United States District Court that denied Defendants' motion to withdraw the reference without prejudice,[1] this Court must determine whether Plaintiff's causes of action in this adversary proceeding are core or non-core under 28 U.S.C. § 157(b). See 28 U.S.C. § 157(b)(3). The parties have briefed this issue, and have agreed that the Court should make its determination based on the briefs, without a hearing or oral argument.

    Court: Bankruptcy Court for the Eastern District of Michigan Docket: Bankruptcy No. 00-40886, Adversary No. 02-4085

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