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District of michigan

Huffman, In re--Meoli v. Villarreal

Ruling
Bankruptcy judge recommended avoidance of transfers that were preferential and fraudulent.(Bankr. W.D. Mich.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Consumer opinion summary, case decided on October 31, 2022 , LexisNexis #0223-063

Scheib, In re

Ruling
Debt was nondischargeable where debtor induced plaintiff to invest in his business, knowinghe planned to use the money in other ways, and he converted plaintiff's investment, whilefalsely reassuring her. (Bankr. E.D. Mich.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on October 31, 2022 , LexisNexis #0123-014

St. James Nursing & Physical Rehab. Ctr., Inc., In re

Ruling
Bankruptcy court lacked subject matter jurisdiction to enforce an agreement that thereorganized debtor made well after the confirmation of the Chapter 11 plan. (Bankr. E.D. Mich.)When a creditor reopened a bankruptcy case and moved to appoint a Chapter 11 trustee and thereby tocollect a debt which the creditor claimed was owed to him by the reorganized debtor under a writtensettlement agreement that was entered into by the creditor, the reorganized debtor, and others severalmonths after the confirmation of the reorganized debtor's Chapter 11 plan, the bankruptcy court lackedsubject matter jurisdiction to grant any of the relief sought because the motion sought to enforce anagreement that the reorganized debtor made well after the confirmation of the debtor's plan in theChapter 11 case and to collect a debt that the reorganized debtor incurred only well after the confirmationof the plan. Furthermore, the alleged debt had nothing to do with the reorganized debtor's confirmedplan.St. James Nursing & Physical Rehab. Ctr., Inc., In re, 2022 Bankr. LEXIS 2934 (Bankr. E.D. Mich. October 14, 2022)(Tucker, B.J.).
Issue(s)
U.S.C.

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Commercial opinion summary, case decided on October 14, 2022 , LexisNexis #1222-099

Lapeer Aviation, Inc., In re

Ruling
Debtors' second amended plan did not meet the best-interest-of-the-creditors test as itprovided no assurances that the debtors would continue to pursue certain causes of action.(Bankr. E.D. Mich.)
Issue(s)
Confirmation of Plan; Requirements; Impaired Classes.

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Commercial opinion summary, case decided on October 12, 2022 , LexisNexis #1222-070

Hamming, In re

Ruling
Court would postpone the payment of the attorney's interim fees but only to the extent thatpayment would delay any payment to the objecting creditor on account of its ongoingmortgage payment claim. (Bankr. W.D. Mich.)
Issue(s)
Compensation of Officers.

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Consumer opinion summary, case decided on October 03, 2022 , LexisNexis #1222-052

Johnson, In re

Ruling
Debtor's motion to reopen Chapter 7 case to file financial management course certificate andreceive a discharge denied due to delay of more than a year. (Bankr. E.D. Mich.)
Issue(s)
Closing and Reopening Cases; When to Reopen.

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Consumer opinion summary, case decided on September 12, 2022 , LexisNexis #1122-032

Zarske, In re

Ruling
Trustee's objections to the claimants' proofs of claim were sustained as they were not timelyfiled and could not be treated as informal proofs of claim given that there was no writing.(Bankr. E.D. Mich.)
Issue(s)
Proof of Claim; Form and Content.

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Consumer opinion summary, case decided on September 08, 2022 , LexisNexis #1122-049

Lee, In re

Ruling
Debtor was not entitled to reconsideration of the denial of the debtor's proposed planmodification or the grant of the trustee's motion to dismiss because the motions forreconsideration did not demonstrate that the court made a clear error of law. (Bankr. E.D. Mich.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Proposed in Good Faith.

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Consumer opinion summary, case decided on September 06, 2022 , LexisNexis #1122-048

Wilson-Oliver, In re

Ruling
Court awarded law firm a reduced, reasonable attorneys' fee for work on the debtor's Chapter13 case prior to withdrawing from representation. (Bankr. E.D. Mich.)
Issue(s)
Compensation of Officers; Determination of Amount; Factors to Be Considered.

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Consumer opinion summary, case decided on September 02, 2022 , LexisNexis #1122-030

Petti, In re--Asher v. Petti

Ruling
Debt was not nondischargeable as the creditor failed to show that the debtor made falserepresentations. (Bankr. N.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on August 31, 2022 , LexisNexis #1122-040