- 11 U.S.C.
Downs, In re--Gocha v. Downs
Feb
15
2019
Ruling
Trustee was not entitled to recover full amount of fraudulent transfers as non-debtor spousewould be prejudiced by expansion of the trustee’s claims. (Bankr. W.D. Mich.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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Court
:
Wigger, In re--Bruinsma v. Wigger
Dec
04
2018
Ruling
Debt deemed nondischargeable as debtor's son misused a durable power of attorney thedebtor gave him to withdraw from the debtor's IRA for his own use. (Bankr. W.D. Mich.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Wedgewood Props., LLC, In re--Moyer v. Rogers
Aug
14
2018
Ruling
Person in charge of bank’s branch office was served with the writ of garnishment ninety-threedays prior to the petition date, outside of the preference period. (Bankr. W.D. Mich.)
Issue(s)
Preferences; Avoidable Transfers; Timing.
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Court
:
- 11 U.S.C.
McDermott v. Larson (In re Larson)
Jun
20
2016
Ruling
Trustee’s knowledge of debtor’s sale of property for higher value than disclosed in schedules could not be imputed to U.S. Trustee to bar proceeding for revocation of discharge.
Issue(s)
Whether the chapter 7 trustee's knowledge of the debtor's alleged fraud in connection with a potential sale should be imputed to the UST for purposes of revocation of discharge?
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Court
:
- 11 U.S.C.
In re Kooi
Mar
22
2016
Ruling
Contingent interests in marital property that arose prepetition and vested postpetition was a property settlement rather than support and not subject to exemption.
Issue(s)
Was trustee entitled to cash payment from former spouse directly to the debtor's bankruptcy estate representing contingent interest in marital property?
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Court
:
In re Otworth
Oct
02
2015
Ruling
Debtor's objection to proof of claim overruled as based on arguments that had been rejected in prior litigation.
Issue(s)
Should mortgagee's proof of claim for tax liabilities be disallowed?
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Court
:
- 11 U.S.C.
Morris v. Charron (In re Charron)
Sep
30
2015
Ruling
State court judgment for transfer of assets in violation of injunction was nondischargeable as based on willful and malicious conduct.
Issue(s)
Were civil contempt sanctions against debtor attorney for transfer of assets in violation of an injunction in a state court case nondischargeable?
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Court
:
- 11 U.S.C.
In re Herremans
Jun
23
2015
Ruling
Debtors were eligible to refile chapter 12 case after voluntary dismissal which preceded creditors' request for relief from stay.
Issue(s)
Were debtors eligible to file a second chapter 12 where the prior case was voluntarily dismissed while a request for relief from stay was pending?
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Court
:
- FRBP
In re Michigan Produce Haulers Inc.
Mar
19
2015
Ruling
Stay pending appeal of striking of creditor's plan proposed during debtor's exclusivity period denied.
Issue(s)
Was creditor entitled to stay pending appeal of the bankruptcy court striking its proposed plan filed during the exclusivity period?
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Court
:
- 11 U.S.C.
In re Michigan Produce Haulers Inc.
Feb
12
2015
Ruling
Extension of exclusivity period granted in complex chapter 11 case where debtor was proceeding diligently and in good faith.
Issue(s)
Was debtor entitled to extension of 180-day exclusivity period for filing a chapter 11 plan?
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Court
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