- 11 U.S.C.
Spencer, In re
May
06
2024
Ruling
Automatic stay was not violated as the child support referee acted appropriately when sheadjourned the show cause hearing for a past-due obligation after learning of the debtor'sbankruptcy filing. (Bankr. W.D. Mich.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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:
- 11 U.S.C.
Thurman-Pryor, In re--Mich. HHS v. Thurman-Pryor
Nov
14
2023
Ruling
Debt owed was nondischargeable as state department of health and human services did notreceive adequate notice of debtor's bankruptcy case in time to file a timelynondischargeability complaint. (Bankr. W.D. Mich.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or Scheduled.
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Herremans, In re
Aug
11
2023
Ruling
Motion to reconsider the determination that punitive damages were not warranted forviolation of the automatic stay was denied as the motion was nothing more than an improperattempt to re-argue issues that were already decided. (Bankr. W.D. Mich.)
Issue(s)
New Trials; Amendment of Judgments.
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Court
:
- 11 U.S.C.
Herremans, In re--Herremans v. Fedo
Jul
18
2023
Ruling
Punitive damages were not appropriate as the conduct of defendant or his counsel in seeking amoney judgment against debtor in state court was not egregious, vindictive, or intentionallymalicious. (Bankr. W.D. Mich.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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:
- 11 U.S.C.
Cross, In re
Mar
24
2022
Ruling
Trustee's objection to the debtor's claim of exemption in the funds was sustained as the fundswere no longer part of the debtor's "right or interest" in the pension plan so as to be subject toexemption. (Bankr. W.D. Mich.)
Issue(s)
Property of the Estate; Restrictions Voided; Restrictions on Transfer of Interests in
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:
- 11 U.S.C.
Mawson, In re
Sep
07
2021
Ruling
Disgorgement of attorney's fees granted because debtor's attorney did not properly inform orcompetently represent debtor. (Bankr. W.D. Mich.)
Issue(s)
Debtor’s Transactions with Attorneys.
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Full Spectrum Mgmt., LLC, In re
Nov
06
2020
Ruling
Compromise was warranted where it met the Rule 9019 standards as the it provided for apotential distribution to unsecured creditors that would not otherwise have been available.(Bankr. W.D. Mich.)
Issue(s)
Compromise and Arbitration.
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Court
:
- 11 U.S.C.
Tamarack Dev. Assocs., LLC, In re
Jan
29
2020
Ruling
Motion to enforce automatic stay denied as the state court claims against debtor’s principal didnot expose debtor to double liability for the same injury. (Bankr. W.D. Mich.)
Issue(s)
Automatic Stay; Scope; Commencement or Continuation of Proceedings Against
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Cantrell, In re
Aug
14
2019
Ruling
Loan modification agreement did not violate the discharge injunction as it was not areaffirmation agreement. (Bankr. W.D. Mich.)
Issue(s)
Effect of Discharge; Reaffirmation Agreements.
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Court
:
- 11 U.S.C.
Heinisch, In re--Mich. Unemployment Ins. Agency v. Heinisch
Mar
27
2019
Ruling
Debt was nondischargeable where debtor obtained unemployment overpayments throughfraudulent misrepresentations on which the creditor justifiably relied to its detriment. (Bankr.W.D. Mich.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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