- 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.
ABI Membership is required to access the full summary of Spencer, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Key, In re
Apr
29
2024
Ruling
Debtor's voluntary petition for Chapter 7 relief was dismissed where she did not receive acredit counseling briefing until three days after filing the bankruptcy petition. (Bankr. E.D.Mich.)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling.
ABI Membership is required to access the full summary of Key, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Empower Cent. Mich., In re
Apr
26
2024
Ruling
Debtor was entitled to reject a franchise agreement on the basis that it no longer benefitted thedebtor. (Bankr. E.D. Mich.)
Issue(s)
Executory Contracts and Unexpired Leases; Trustee's Right to Assume or Reject.
ABI Membership is required to access the full summary of Empower Cent. Mich., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Bedenko, In re
Apr
26
2024
Ruling
Creditor violated discharge injunction when he filed a motion and order to reopen the lawsuitin the state district court and continued that litigation. (Bankr. E.D. Mich.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to
ABI Membership is required to access the full summary of Bedenko, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Lauber, In re
Apr
24
2024
Ruling
Debtor was entitled to attorneys' fees as a consequence of the employer's contempt of thepayroll order and its violation of the automatic stay by retaining estate property in the form ofwages. (Bankr. W.D. Mich.)
Issue(s)
Automatic Stay; Remedies for Violation.
ABI Membership is required to access the full summary of Lauber, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
H&H Fast Props., In re
Apr
22
2024
Ruling
Counsel for the debtor was entitled to compensation and reimbursement of expenses but theamount requested was reduced as they could not bill for correcting their own mistakes. (Bankr.N.D. Ill.)
Issue(s)
Compensation of Officers; Determination of Amount; Factors to Be Considered.
ABI Membership is required to access the full summary of H&H Fast Props., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Zelazny, In re--Gold v. Davis
Apr
19
2024
Ruling
Transfer of sales proceeds did not satisfy an antecedent debt but resulted in a constructivelyfraudulent transfer subject to avoidance. (Bankr. E.D. Mich.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Extent of
ABI Membership is required to access the full summary of Zelazny, In re--Gold v. Davis Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Zavalza, In re
Apr
11
2024
Ruling
Debtor was only entitled to partially avoid a judgment lien as consideration of liquidationcosts in the calculation of her homestead exemption was not warranted. (Bankr. N.D. Ill.)
Issue(s)
Exemptions.
ABI Membership is required to access the full summary of Zavalza, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Anzaldua v. Rosenbrook
Apr
11
2024
Ruling
Motion for continuation of stay denied as the timing of counsel's filing of the motion forcontinuation of stay and his failure to comply prevented the bankruptcy court fromcompleting the "notice and a hearing" within the 30-day statutory period. (Bankr. W.D. Mich.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior
ABI Membership is required to access the full summary of Anzaldua v. Rosenbrook Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Lee, In re
Mar
19
2024
Ruling
Court denied debtor's motion to reconsider as debtor did not offer any reason against grantingrelief from the automatic stay when the credit union first requested it and she offered nocompelling reason in support of the current motion. (Bankr. W.D. Mich.)
Issue(s)
Automatic Stay; Termination With Regard to Personal Property; Conditions; Failure
ABI Membership is required to access the full summary of Lee, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: