Bankruptcy Court for the Western District of Michigan Court Cases
In Re McGillis (2007)
Mark and Donna McGillis ("Debtors") have requested the court to confirm their plan over the Chapter 13 Trustee's objection. The Chapter 13 Trustee objects because Debtors allegedly are not committing to their unsecured creditors all of their disposable income as required by Section 1325(b) of the Bankruptcy Code. The Chapter 13 Trustee also asserts that Debtors' plan is not proposed in good faith.
Court: Bankruptcy Court for the Western District of Michigan Docket: HG 06 02982
In Re Hudson (2001)The court has jurisdiction over this bankruptcy case. 28 U.S.C. § 1334. The case and all related proceedings have been referred to this court for decision. 28 U.S.C. § 157(a) and L.R. 83.2(a) (W.D. Mich.). This contested matter is a core proceeding because it pertains to allowance or disallowance of a secured creditor's claim, 28 U.S.C. § 157(b)(2)(B), the effect of confirmation of a plan, 28 U.S.C. § 157(b)(2)(L), and the adjustment of a debtor-creditor relationship, 28 U.S.C. § [...]
Court: Bankruptcy Court for the Western District of Michigan Docket: GG 99-05365
Matter of Wickstrom (1990)
These adversary proceedings were instituted by William G. Lasich, the Chapter 7 Trustee and Plaintiff, hereinafter "Trustee", against the Defendants. The Trustee seeks to recover a $20,000 payment and two transfers of real property made by George Axel Wickstrom, hereinafter "Debtor", which are asserted to be avoidable preferential transfers or fraudulent conveyances under 11 U.S.C. §§ 547(b), 548(a), and 550(a).
Court: Bankruptcy Court for the Western District of Michigan Docket: Bankruptcy No. GM 87-00167, Adv. Nos. 88-0016, 88-0015
In Re Dalen (2001)On June 22, 2000, the court denied the motion of Thomas Richardson, the Chapter 7 trustee ("Trustee"), to approve a settlement he had reached with Metropolitan Plant & Flower, Inc. ("Metropolitan"). The court did not deny the motion because it believed that Trustee had exercised poor judgment in negotiating the settlement. Rather, the court withheld approval because the court exercised its own judgment and concluded that the estate's interests would be better served by Trustee continuing [...]
Court: Bankruptcy Court for the Western District of Michigan Docket: 99-10424
Matter of Holly's, Inc. (1994)This adversary proceeding raises a number of complicated issues. Does this court have jurisdiction to hear, and render a final order or judgment in, this adversary proceeding, which was filed after confirmation of the Debtor's chapter 11 plan of reorganization? Even if the court has jurisdiction over this adversary proceeding for the tax years 1989 through 1992, does the court have jurisdiction to determine the Debtor's 1993 tax liability, which was assessed after the Debtor's plan was [...]
Court: Bankruptcy Court for the Western District of Michigan Docket: Bankruptcy Case No. 91-84931. Adv. No. 93-8530
In Re Cormier (2008)The Sixth Circuit Bankruptcy Appellate Panel ("BAP") has issued a recent decision which gives this court pause. Olson v. Anderson (In re Anderson), 377 B.R. 865 (6th Cir. BAP 2007) ("Anderson BAP"). In this contested matter, what was to have been a relatively straightforward opinion about the Debtors (who were the successful high bidders) objecting to the Trustee's auction sale has become considerably more complicated. If the Anderson BAP opinion is narrowly construed, based upon its unique [...]
Court: Bankruptcy Court for the Western District of Michigan Docket: GT 05-16241
In Re Kalita (1996)
Does a Michigan state court criminal conviction for felonious assault, based upon a nolo contendere plea, collaterally estop a defendant-debtor from litigating a nondischargeability action under section 523(a)(6) of the Bankruptcy Code?
Court: Bankruptcy Court for the Western District of Michigan Docket: Bankruptcy No. 95-83316, Adversary No. 95-8293
In Re Wallace (2006)
Betty A. Wallace ("Debtor") filed a petition for relief under Chapter 7 of the Bankruptcy Code on October 15, 2005. Debtor's Schedule A indicates that she owns an undivided one-half interest in real property located in Battle Creek, Michigan. That interest became property of the estate upon the filing of her petition. 11 U.S.C. § 541(a)(1).
Court: Bankruptcy Court for the Western District of Michigan Docket: HK 05-20209
In Re Sullivan (2004)
Miles J. Murphy, III, Esq., Flickinger & Plachta, P.C., Grand Rapids, MI, and Robert F. Wardrop, II, Esq., Wardrop & Wardrop, P.C., Grand Rapids, MI, for Debtor-Defendant, Kevin Q. Sullivan.
Court: Bankruptcy Court for the Western District of Michigan Docket: Bankruptcy No. GG 02-04287, Adversary No. 02-88290
In Re Hall (1993)This contested matter requires the court to determine whether certain retirement plans are exempt from an individual chapter 7 debtor's bankruptcy estate. First, is a pension plan maintained by and benefitting only a sole shareholder and his spouse property of the estate pursuant to 11 U.S.C. § 541(c)(2)? Second, if the pension plan is property of the estate, may the pension plan be exempted pursuant to § 522(d)(10)(E)? Third, may an individual retirement plan be exempt from property of [...]
Court: Bankruptcy Court for the Western District of Michigan Docket: Bankruptcy No. GK91-81542
In Re Moss (1992)
a payment under a stock bonus, pension, profitsharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor. . . .
Court: Bankruptcy Court for the Western District of Michigan Docket: Bankruptcy No. ST91-85696
The cross motions for summary judgment in this adversary proceeding raise four major issues: First, does a landlord hold a valid lien on personal property stored on its real property and, if so, is the lien avoidable? Second, is the Debtor responsible to remedy alleged pollution on the landlord's real property under New Jersey and federal environmental laws? Third, are any of the landlord's asserted unpaid rents, use and possession charges, or environmental clean up costs entitled to [...]
Court: Bankruptcy Court for the Western District of Michigan Docket: Bankruptcy No. GK 89-04489, Adv. No. 90-8250
In Re Dinsmore (1992)
This matter is before the Court on the Debtor's Motion for Confirmation of his Chapter 13 plan of reorganization and on objections raised by Ameritrust National Bank, Michiana ("Ameritrust") regarding the treatment of its claim in the Debtor's Second Amended Plan of Reorganization and Offer of Adequate Protection.
Court: Bankruptcy Court for the Western District of Michigan Docket: Bankruptcy No. HK 90-85251
Matter of Holly's, Inc. (1992)The two chapter 11 debtors entered into a prepetition hotel management agreement which has not yet been assumed or rejected. The management agreement provides that all management fees earned by the debtor which manages the hotel shall be subordinated to a bank in the event the debtor which owns the hotel is in default on its obligations to the bank. Is the management agreement, and the asserted subordination clauses therein, enforceable postpetition in connection with the debtors' chapter 11 [...]
Court: Bankruptcy Court for the Western District of Michigan Docket: Bankruptcy Nos. GG91-84931, GG91-85811, Motion No. 91-861 R
In Re Cyberco Holdings, Inc. (2008)
On December 8, 2006, Thomas C. Richardson ("Trustee") commenced this adversary proceeding against The Huntington National Bank ("Huntington"). The original complaint included ten causes of action. However, Huntington never answered that complaint. Huntington chose instead to file a motion to dismiss under FED. R.BANKR.P. 7012(b) and FED.R.CIV.P. 12(b).
Court: Bankruptcy Court for the Western District of Michigan Docket: Bankruptcy No. HG 04-14905. Adversary No. 06-80989
In Re Trickett (1981)Michigan National Bank Michiana, (Bank) a National Banking Association, authorized to conduct business in Michigan with its principal office in Cassopolis, filed its complaint against Joseph A. Chrystler, the trustee in this case, Wilson L. Trickett (Trickett) of Berrien Springs, the debtor, and his wife Verda Trickett (Verda) for a stay of discharge and relief from stay so as to enable it to proceed in a state court against Trickett and Verda for a joint judgment so as to reach real estate [...]
Court: Bankruptcy Court for the Western District of Michigan Docket: Bankruptcy No. NK 80-02333, Adv. No. 80-0818
In Re Bulson (2005)
On August 6, 2004, Countrywide Home Loans, Inc. ("Countrywide") filed a motion entitled "Countrywide Home Loan, Inc.'s Motion to Reconsider the Judgment and Order Confirming Plan Entered on July 27, 2004." For the reasons stated in this opinion, Countrywide's motion is denied. However, for the reasons also stated in this opinion, I exercise my own authority pursuant to 11 U.S.C. § 105(a) to revoke the confirmation order and to dismiss this Chapter 13 proceeding.
Court: Bankruptcy Court for the Western District of Michigan Docket: HG 03-13905
Douglas A. Donnell, Mark A. Kehoe, Mika Meyers Beckett & Jones PLC, John E. Anding, Drew, Cooper & Anding, Grand Rapids, MI, Marcia R. Meoli, Hann Persinger PC, Holland, MI, Peter A. Teholiz, The Hubbard Law Firm, PC, Lansing, MI, for Plaintiff.
Court: Bankruptcy Court for the Western District of Michigan Docket: Bankruptcy No. HG 05-00690. Adversary No. 07-80037
In Re Callender (1997)Forrest and Norma Robinson, "Plaintiffs" or "Creditors", have filed this adversary proceeding against Andrew T. Callender, "Debtor" or "Defendant" seeking to establish that a debt arising from a prior state court judgment be excepted from discharge pursuant to 11 U.S.C. § 523(a)(2)(A). The Plaintiffs have filed a Motion for Summary Judgment in which they contend that the prior state court judgment should be given collateral estoppel effect, and that they are entitled to judgment as a matter of [...]
Court: Bankruptcy Court for the Western District of Michigan Docket: Bankruptcy No. GG95-82904, Adversary No. 97-88158
This matter is before the court on the motion of Hi-Tech Tool & Die ("Hi-Tech") for reconsideration of this court's order entered on November 29, 1996 ordering the turnover of property to Alofs Manufacturing Company ("Alofs") and Target Components, Inc. ("Target") (collectively the "Debtors"). This court issued its oral bench opinion during the midst of the Thanksgiving holiday weekend following a two-day trial conducted on November 26 and 27, 1996. The expedited proceeding involved a [...]
Court: Bankruptcy Court for the Western District of Michigan Docket: Bankruptcy Nos. 96-87690, 96-87691, Adversary No. 96-8356