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District of michigan

Lake, In re--Miller v. Henning

Ruling
Motion to reopen avoidance proceeding denied as defendant could not establish mistake,inadvertence, surprise, or excusable neglect but rather made a conscious decision not toanswer the complaint. (Bankr. E.D. Mich.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Consumer opinion summary, case decided on November 02, 2023 , LexisNexis #0124-012

Wylie, In re--Miller v. Sullivan

Ruling
Consent judgment in avoidance proceeding was not intended to preclude prosecution ofappeal. (Bankr. E.D. Mich.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Consumer opinion summary, case decided on October 05, 2023 , LexisNexis #1223-037

Strait, In re

Ruling
Fees charged for defending the first fee application were excessive, even if they werecompensable notwithstanding the ASARCO holding. (Bankr. W.D. Mich.)
Issue(s)
Compensation of Officers; Determination of Amount; Compensation Disallowed.

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Consumer opinion summary, case decided on September 20, 2023 , LexisNexis #1123-056

City of Detroit, In re

Ruling
Firefighters’ claims were largely barred by debtor’s plan. (Bankr. E.D. Mich.)
Issue(s)
Definitions; “Claim”; Right to Payment.

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Commercial opinion summary, case decided on September 18, 2023 , LexisNexis #1123-051

DuMouchelle, In re--Gelov v. DuMouchelle

Ruling
The adversary proceeding against the debtor seeking a determination of nondischargeabilitywas moot as the debtor already had been denied a discharge. (Bankr. E.D. Mich.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on September 14, 2023 , LexisNexis #1123-058

Gillespie, In re

Ruling
Partial reconsideration of the order compelling a Rule 2004 examination to limit its scope tovalidity of obligation assigned to creditor was appropriate. (Bankr. E.D. Mich.)
Issue(s)
Examination.

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Consumer opinion summary, case decided on August 29, 2023 , LexisNexis #1123-021

Williams, In re

Ruling
Debtor's attorney was entitled to recover fees, in a voluntarily reduced amount, as the total feerepresented work that was reasonable, beneficial, and necessary in representing the interestsof the debtor. (Bankr. E.D. Mich.)
Issue(s)
Compensation of Officers; Determination of Amount.

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Consumer opinion summary, case decided on August 29, 2023 , LexisNexis #1123-002

Nasralla, In re

Ruling
Debtors' motion to reopen case after a six and a half years delay denied. (Bankr. E.D. Mich.)
Issue(s)
Confirmation of Plan.

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Consumer opinion summary, case decided on August 28, 2023 , LexisNexis #1123-004

Elassal, In re

Ruling
Debtor was permitted to use sale proceeds from sale of her prepetition home derived frompost-confirmation appreciation of the property to buy a new residence. (Bankr. E.D. Mich.)
Issue(s)
Effect of Confirmation.

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Consumer opinion summary, case decided on August 28, 2023 , LexisNexis #1023-072

Herremans, In re

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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Consumer opinion summary, case decided on August 11, 2023 , LexisNexis #1023-025