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western district of michigan

Krieger, In re

Ruling
Debtors' motion to excuse receiver from turnover of receivership funds denied. (Bankr. W.D.Mich.)
Issue(s)
Turnover of Property by a Custodian; When Court May Excuse Compliance; Interest of

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Consumer opinion summary, case decided on January 24, 2020 , LexisNexis #0320-013

Krieger, In re

Ruling
Relief from automatic stay granted as debtors failed to file a plan in more than six monthsafter the petition date. (Bankr. W.D. Mich.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on December 18, 2019 , LexisNexis #0120-081

Distefano, In re

Ruling
Creditor's deficiency notice did not violate the discharge injunction as it had a properbankruptcy disclaimer. (Bankr. W.D. Mich.)
Issue(s)
Discharge.

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Consumer opinion summary, case decided on October 30, 2019 , LexisNexis #1219-071

Carroll, In re

Ruling
Court did not invoke its inherent authority to impose sanctions as there was no evidence thatthe debtor's current counsel harbored subjective bad faith. (Bankr. W.D. Mich.)
Issue(s)
Counsel’s Liability for Excessive Costs.

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Consumer opinion summary, case decided on September 11, 2019 , LexisNexis #1119-074

Ludwick, In re--Morasch Meats, Inc. v. Ludwick

Ruling
Debtor's alleged fraud was not grounds for nondischargeability or equitable relief. (Bankr.W.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 August 22, 2019 , LexisNexis #1019-087

Cantrell, In re

Ruling
Loan modification agreement did not violate the discharge injunction as it was not areaffirmation agreement. (Bankr. W.D. Mich.)
Issue(s)
Effect of Discharge; Reaffirmation Agreements.

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Consumer opinion summary, case decided on August 14, 2019 , LexisNexis #1019-038

Spiech Farms, LLC, In re

Ruling
Creditors willfully and deliberately violated the automatic stay by filing tort and PerishableAgricultural Commodities act claims that were actually fraudulent transfer and breach offiduciary duty claims, which belonged to the debtor's estate. (Bankr. W.D. Mich.)
Issue(s)
Automatic Stay.

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Commercial opinion summary, case decided on July 03, 2019 , LexisNexis #0919-004

Ray, In re

Ruling
Court denied counsel's application for additional attorney fees as the Bankruptcy Codeforbids modification after completion of payments under the plan. (Bankr. W.D. Mich.)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed.

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Consumer opinion summary, case decided on July 01, 2019 , LexisNexis #0919-023

McLain, In re

Ruling
Automatic stay was granted as there was cause to permit the Public Administrator toinvestigate an alleged fraudulent transfer and take corrective action if warranted. (Bankr. W.D.Mich.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on May 29, 2019 , LexisNexis #0819-032

Carroll, In re

Ruling
Debtor's Chapter 11 case was converted to Chapter 7 as the debtor had materially defaultedunder his confirmed plan. (Bankr. W.D. Mich.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; What Constitutes

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Consumer opinion summary, case decided on May 13, 2019 , LexisNexis #0719-096