Judge Rhodes

In re City of Detroit

Ruling: 
Professional fees in complex case of debtor city approved as reasonable.
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Commercial case opionion summary, case decided on February 12,2015, LexisNexis #0315-058

In re City of Detroit

Ruling: 
Debtor city's plan of adjustment approved with conditions.
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Commercial case opionion summary, case decided on December 31,2014, LexisNexis #0415-023

In re City of Detroit

Ruling: 
Trustee lacked authority to appoint a committee of unsecured creditors in a chapter 9 case prior to order for relief.
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Commercial case opionion summary, case decided on February 28,2014, LexisNexis #1014-059

In re City of Detroit

Ruling: 
Motion for direct appeals of interlocutory orders in chapter 9 case denied.
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Commercial case opionion summary, case decided on December 20,2013, LexisNexis #0114-099

In re Modiri

The U.S. Trustee filed a motion to dismiss debtor's chapter 7 case for abuse under 11 U.S.C.S. § 707(b). The UST contended that debtor's expenses of $3,000 per month for rent and utility expenses and $1,000 per month for transportation expenses were excessive and that when these were adjusted, debtor could repay his creditors a substantial dividend in a chapter 13 case. Debtor filed an objection to the motion. The court conducted a hearing.
Ruling: 
Case ordered converted or dismissed due to debtor's ability to fund chapter 13 plan.
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Consumer case opionion summary, case decided on July 02,2012, LexisNexis #0712-131

In re John Richards Homes Bldg. Co. LLC

On remand from the district court was the application of involuntary debtor's counsel for a second award of attorney fees and expenses against a petitioning creditor, based upon the successful defense of debtor's 11 U.S.C.S. § 303(i) judgment on appeal to the district court, the court of appeals and the U.S. Supreme Court, and for its attempts to collect on the original judgment against the creditor, and for punitive damages.
Ruling: 
Additional fees awarded against petitioning creditor for appeals of fees awarded on dismissal of involuntary petition due to egregious conduct.
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Commercial case opionion summary, case decided on October 27,2011, LexisNexis #1111-104

Stevenson v. Turkowski & Son Funeral Home Inc. (In re Nowlen)

Plaintiff Chapter 7 trustee filed a complaint against defendant funeral home for recovery of funds that a debtor paid to the funeral home as a preferential transfer under 11 U.S.C.S. § 547(c)(2) or as a fraudulent transfer under 11 U.S.C.S. § 548(a)(1)(B). Both the trustee and the funeral home filed motions for summary judgment.
Ruling: 
Payment of insurance proceeds to pay for funeral was made in ordinary course of business and was not avoidable.
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Consumer case opionion summary, case decided on August 02,2011, LexisNexis #0811-123

In re Rice

A Chapter 7 debtor filed an amended Schedule C in which he claimed an exemption for a cashier's check for retirement funds in the amount of $95,000 and for garnished retirement funds in the amount of $18,807 under 11 U.S.C.S. § 522(d)(12). The trustee filed an objection to the debtor's amended claim of exemptions.
Ruling: 
Debtor who did not read schedules could not amend as failure to include exemptions was not unintentional.
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Consumer case opionion summary, case decided on August 02,2011, LexisNexis #0811-116

In re Buttermilk Towne Ctr. LLC

Appellant creditor sought review of two orders from the United States Bankruptcy Court for the Eastern District of Kentucky, which held that appellee, a single asset real estate debtor, provided adequate protection for the use of rents as cash collateral under 11 U.S.C.S. § 363 without an equity cushion in the property.
Ruling: 
Ruling that single asset real estate debtor's use of rents as cash collateral without equity cushion provided adequate protection reversed.
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Commercial case opionion summary, case decided on December 23,2010, LexisNexis #0111-076

In re Rahim

The creditors filed a motion under 11 U.S.C.S. § 707(a) to dismiss the debtors' chapter 7 case.
Ruling: 
Chapter 7 case dismissed where debtor could fund plan if lavish expenses were reduced.
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Consumer case opionion summary, case decided on December 16,2010, LexisNexis #0111-062

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