Skip to main content

Page Banner(Taxonomy)

judge shefferly

Barbour-Freeman, In re

Ruling
Court ordered attorney to disgorge fees as it exceeded the reasonable value of the services he provided. (Bankr. E.D. Mich.)
Issue(s)
Debtor’s Transactions with Attorneys.

ABI Membership is required to access the full summary of Barbour-Freeman, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 10, 2018 , LexisNexis #1018-093

Harold, In re

Ruling
Debtor's 2008 federal income taxes were nondischargeable as debtor had no evidence of a postmark or mail receipts that met the exceptions to the physical delivery rule. (Bankr. E.D. Mich.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Taxes; Late or Unfiled Return.

ABI Membership is required to access the full summary of Harold, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 21, 2018 , LexisNexis #1018-041

Good, In re

Ruling
Application for payment granted as it was reasonably calculated to provide a benefit to the debtor at the time the services were rendered and the work that was done could still prove to have value going forward. (Bankr. E.D. Mich.)
Issue(s)
Compensation of Officers.

ABI Membership is required to access the full summary of Good, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 15, 2018 , LexisNexis #0818-033

Turk, In re--Turk v. Bayview Loan Servicing, LLC

Ruling
Court ruled that debtor's request that the court grant a form of relief that was not requested in the complaint did not set forth any meritorious grounds for relief. (Bankr. E.D. Mich.)
Issue(s)
Power of Court.

ABI Membership is required to access the full summary of Turk, In re--Turk v. Bayview Loan Servicing, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 05, 2018 , LexisNexis #0518-091

Achanta, In re--Nallaballi v. Achanta

Ruling
Debtor's motion to dismiss granted as being shareholders in a corporation was insufficient to establish a trust under Michigan law or to establish a preexisting express trust for purposes of §523(a)(4). (Bankr. E.D. Mich.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

ABI Membership is required to access the full summary of Achanta, In re--Nallaballi v. Achanta Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 07, 2018 , LexisNexis #0418-042

Formosa, In re

Ruling
Postpetition attorneys' fees were not recoverable as they were not incurred to protect interest in debtor's property. (Bankr. E.D. Mich.)
Issue(s)
Notice Relating to Claims Secured By Security Interest in the Debtor’s Principal Residence; Notice of Fees, Expenses, and Charges.

ABI Membership is required to access the full summary of Formosa, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 19, 2018 , LexisNexis #0218-114

McCray, In re

Ruling
Debtor failed to file a proper statement of intention as regards the mobile home and failed toact accordingly as well, thus causing the stay to be lifted and the mobile home to be separatedfrom the estate property. (Bankr. E.D. Mich.)
Issue(s)
Automatic Stay; Termination With Regard to Personal Property; Conditions.

ABI Membership is required to access the full summary of McCray, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 30, 2017 , LexisNexis #0118-006

Haddad, In re

Ruling
Court amended the dismissal order as the debtor's failure to meet her ongoing duty of disclosure affected the fairness of her entire chapter 13 case. (Bankr. E.D. Mich.)
Issue(s)
Relief From Judgment or Order.

ABI Membership is required to access the full summary of Haddad, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 06, 2017 , LexisNexis #1017-060

Initial Invs., Inc. v. Woodford (In re Woodford)

Ruling
Debtor sanctioned for her bad faith conduct regarding the settlement agreement. (Bankr. E.D. Mich.)
Issue(s)
Power of Court.

ABI Membership is required to access the full summary of Initial Invs., Inc. v. Woodford (In re Woodford) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 12, 2016 , LexisNexis #0117-032

Estate of Jackson v. Hardaway (In re Hardaway)

Ruling
Debt based on manslaughter was nondischargeable as arising from willful and maliciousconduct. (Bankr. E.D. Mich.)
Issue(s)
Was claim filed by personal representative of an individual who was fatally shot by debtor nondischargeable?

ABI Membership is required to access the full summary of Estate of Jackson v. Hardaway (In re Hardaway) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 05, 2016 , LexisNexis #1016-117