Judge Tucker

Combs, In re

Ruling: 
Stay pending appeal motions denied where court found zero likelihood that appeal would besuccessful. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on July 26,2021, LexisNexis #0921-050

Culp, In re

Ruling: 
Court applied the withholding rule in which the entire federal income tax refund wasproperty of the bankruptcy estate, subject to any allowed exemption, because it wasundisputed. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on July 29,2021, LexisNexis #0921-042

Vill. Apothecary. Inc., In re

Ruling: 
Fee application was granted in part as the court determined an amount in a fair andappropriate balance between the bankruptcy estate's professionals and creditors to receive ameaningful distribution on their claims. (Bankr. E.D. Mich.)
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Commercial case opionion summary, case decided on April 16,2021, LexisNexis #0521-079

Loves Furniture Inc., In re

Ruling: 
Post-petition lease terminations violated the automatic stay and were invalid, void, and of noeffect. (Bankr. E.D. Mich.)
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Commercial case opionion summary, case decided on March 31,2021, LexisNexis #0521-056

Janisch, In re--Smylnycky v. Janisch

Ruling: 
Court could not order that garnished funds held by bank be released to the Chapter 13 trustee.(Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on March 29,2021, LexisNexis #0521-072

Harbin, In re

Ruling: 
Debtors' proposed plan modification was permissible due to CARES Act provision thatallowed extension of plan term for up to seven years. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on March 27,2020, LexisNexis #0521-020

Combs, In re--Lim v. Combs

Ruling: 
Chapter 7 bankruptcy trustee was entitled to use its strong arm powers to avoid a transfer ofthe debtor's interest to her parents via unrecorded quitclaim deed. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on March 09,2021, LexisNexis #0421-089

Short, In re--Miller v. Short

Ruling: 
Trustee could recognize a constructive trust on property held in the name of non-debtorspouse if imposed under state law prior to petition date. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on February 16,2021, LexisNexis #0321-086

Lemon, In re

Ruling: 
Debtor was not entitled to reopen her bankruptcy case as the motion was filed almost 15months after the case was closed and the motion failed to provide a valid excuse as to why thedebtor failed to timely complete the financial management course. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on January 19,2021, LexisNexis #0221-089

Hitchcock, In re

Ruling: 
Court accepted the allegations in the debtor's uncontested motion and found that there wascause to dismiss the case as it was in the best interests of creditors and the estate. (Bankr. E.D.Mich.)
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Consumer case opionion summary, case decided on January 08,2021, LexisNexis #0221-045

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