Western District

Distefano, In re

Ruling: 
Creditor's deficiency notice did not violate the discharge injunction as it had a properbankruptcy disclaimer. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on October 30,2019, LexisNexis #1219-071

Carroll, In re

Ruling: 
Court did not invoke its inherent authority to impose sanctions as there was no evidence thatthe debtor's current counsel harbored subjective bad faith. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on September 11,2019, LexisNexis #1119-074

Ludwick, In re--Morasch Meats, Inc. v. Ludwick

Ruling: 
Debtor's alleged fraud was not grounds for nondischargeability or equitable relief. (Bankr.W.D. Mich.)
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Consumer case opionion summary, case decided on August 22,2019, LexisNexis #1019-087

Cantrell, In re

Ruling: 
Loan modification agreement did not violate the discharge injunction as it was not areaffirmation agreement. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on August 14,2019, LexisNexis #1019-038

Ray, In re

Ruling: 
Court denied counsel's application for additional attorney fees as the Bankruptcy Codeforbids modification after completion of payments under the plan. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on July 01,2019, LexisNexis #0919-023

Spiech Farms, LLC, In re

Ruling: 
Creditors willfully and deliberately violated the automatic stay by filing tort and PerishableAgricultural Commodities act claims that were actually fraudulent transfer and breach offiduciary duty claims, which belonged to the debtor's estate. (Bankr. W.D. Mich.)
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Commercial case opionion summary, case decided on July 03,2019, LexisNexis #0919-004

McLain, In re

Ruling: 
Automatic stay was granted as there was cause to permit the Public Administrator toinvestigate an alleged fraudulent transfer and take corrective action if warranted. (Bankr. W.D.Mich.)
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Consumer case opionion summary, case decided on May 29,2019, LexisNexis #0819-032

Carroll, In re

Ruling: 
Debtor's Chapter 11 case was converted to Chapter 7 as the debtor had materially defaultedunder his confirmed plan. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on May 13,2019, LexisNexis #0719-096

Wigger, In re--Wigger v. State Treasurer

Ruling: 
Treasurer's interest in debtor's IRA was a judicial lien where treasurer's lien under the SCFRAdid not arise solely under the statute without judicial intervention. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on April 16,2019, LexisNexis #0719-011

Wigger, In re

Ruling: 
Debtor's exemption claims disallowed where assets within the individual retirement accountthat his son looted comprised past not future earnings. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on January 10,2019, LexisNexis #0619-061

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