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Summary: 70 B.R. 985 (1987) In re David E. ROSSMAN, Debtor. In re David N. SCHAFER, Debtor. In re Bruce E. HOMKES, d/b/a Bruce Homkes Hog Farm, Debtor. Robert J. Pleznac, Kalamazoo, Mich., for debtor Rossman. Anderson & Stull, P.C. (Daniel L. Kraft, Esq.), Lansing, Mich., for debtors Zooks, Bradleys, Herbert Haights, and David Haights (filed briefs for conversion). Martin L. Rogalski, P.C. (Martin L. Rogalski, and James H. Richards), Jenison, Mich., for debtor Homkes (filed briefs for conversion). MEMORA......read more.


Summary: 437 B.R. 239 (2010) In re Thomas J. HUNTER, Debtor. Comfort Control Supply Company, Inc., d/b/a Johnstone Supply, Plaintiff, v. Thomas J. Hunter, Defendant. Thomas J. Hunter, Pro Se Defendant. Does Thomas J. Hunter ("Mr. Hunter") owe Comfort Control Supply Company, Inc. ("Comfort") a nondischargeable debt for defalcation while acting in a fiduciary capacity, 11 U.S.C. § 523(a)(4), based upon violations of the Michigan Builders Trust Fund Act, Mich. Following the filing of Mr. Hunter's bankruptcy......read more.


Summary: 323 B.R. 656 (2005) In re Toni L. VEGA, Debtor. Background Toni Vega ("Vega or Debtor") lived in Silver Springs, Maryland. Since FMC properly noted its security interest in the vehicle pursuant to Maryland law, its perfected security interest remains in effect even though the Debtor brought the car to Michigan. To determine whether the Debtor re-registered her car in Michigan when she obtained a Michigan "memo" registration, we rely on the analysis and findings in Frank v. Norbel Credit Union (I......read more.


Summary: 178 B.R. 112 (1995) In the Matter of EMBRACE SYSTEMS CORPORATION, d/b/a Embrace Technology Systems, Inc., Debtor. *113 *114 Thomas E. O'Brien, Chicago, IL, and Michael W. Donovan, Grand Rapids, MI, for Embrace Systems Corp. JURISDICTION Embrace Systems Corporation, "Debtor", filed an Amended Motion With Respect To Motion For Leave To Assume Amended Executory Contract And Motion For Alternative Relief on February 1, 1995, "Amended Motion". In its Amended Motion, the Debtor *115 seeks to transfer ......read more.


Summary: 460 B.R. 470 (2011) In re AURORA OIL & GAS CORPORATION, Debtor. For several days from December 2010 to June 2011, the court conducted a trial during which it heard from numerous witnesses and admitted thousands of pages of exhibits regarding a natural gas royalty dispute between Frontier Energy, LLC ("Frontier" or "Plaintiff") and Aurora Energy, Ltd. ("Aurora"). At the close of the Plaintiff's proofs, and upon Aurora's Motion for Judgment on Partial Findings, the court dismissed several of Front......read more.


Summary: 259 B.R. 586 (2001) In the Matter of Mark DALEN, Debtor. *587 *588 *589 *590 Alexander Jurezenko, Cleveland, Ohio, for Mark Dalen. PROCEDURAL BACKGROUND Metropolitan holds a judgment against Mark Dalen ("Dalen") in the approximate amount of $1.9 million dollars. In November 1999, Metropolitan and Dalen reached a settlement (the "November 1999 Dalen/Metropolitan Judgment Settlement") which provided that the judgment would be reduced to zero if Dalen made an initial payment of $150,000 and a secon......read more.


Summary: 400 B.R. 582 (2008) In re Gregory L. GOSNICK, Debtor. This matter is before the court upon the objection of the Chapter 7 Trustee to a certain exemption claimed by the Debtor, Gregory L. Gosnick (hereinafter "Debtor"). Prior to his bankruptcy, the Debtor and his non-debtor wife, Heatherlee Yorty-Gosnick, purchased a parcel of real property in Orange Beach, Alabama (hereinafter the "Alabama Real Estate"), taking title as "joint tenants" by deed dated April 3, 2001.


Summary: 430 B.R. 453 (2010) In re Michael J. TOMPKINS, Debtor. The primary focus of the adversary proceeding involved a loan made to Michael Tompkins (the "Debtor") and his then-wife, Cheryl Petrie ("Ms.Petrie"), from Ms. Petrie's parents (the "Petries"), in exchange for a mortgage note (the "Mortgage Note") purportedly encumbering the Debtor's and Ms. Petrie's residence (the "Lord Road Property"). Later, in contemplation of their divorce, the Debtor and Ms. Petrie (as tenants by the entireties) transfe......read more.


Summary: 272 B.R. 643 (2002) In re QUALITY STORES, INC., et al., Debtors. Timothy Curtin, Esq. and Stephanie Simon, Esq., for Quality Stores, Inc., et al. I. ISSUE Should this court reconsider its order of January 4, 2002, which authorizes the debtors to sell twenty-six stores to Orscheln Supply, LLC, based upon new evidence presented by Retail Team, LLC, that it has the financial wherewithal to purchase the same stores for a higher price? The auction sales were conducted on January 3, 2002, and a hearin......read more.


Summary: 291 B.R. 400 (2003) In re TML, INC., Debtor. PROCEDURAL HISTORY Debtor, TML, Inc. ("TML") filed a voluntary petition under chapter 7 of the Bankruptcy Code on January 7, 1997.The Sale Order also directed the Trustee to hold at least $45,000 of the sale proceeds in an escrow account to "protect the interests" of TML's principal lender, FMB-First Michigan Bank-Zeeland ("FMB"), with respect to a "certain secured Promissory Note" that had been "executed jointly" by TML and its landlord, Word Investm......read more.


Summary: 62 B.R. 213 (1986) In re TUCKER FREIGHT LINES, INC., Debtor. LIABILITY OF MEMBERS OF THE CREDITORS' COMMITTEE This lawsuit arises from the bankruptcy case of Tucker Freight Lines, Inc., which is still pending, and from various proceedings in that case before this Court. The plaintiff, Central Transport, Inc., the debtor's sole shareholder and also an unsecured creditor, has filed suit against these defendants individually, alleging that they unlawfully and intentionally or recklessly committed t......read more.


Summary: 421 B.R. 426 (2009) In re Mary P. BRANDT, Debtor. I. INTRODUCTION In this adversary proceeding, Plaintiff, Thomas C. Richardson (the "Trustee"), seeks a determination that a certain mortgage claimed by Defendant, Wells Fargo Home Mortgage, Inc. ("Wells Fargo") on property of the Debtor is defective and subject to the Trustee's "strong arm" avoidance powers set out in 11 U.S.C. § 544.FACTS Mary P. Brandt (the "Debtor") purchased a house and lot in Battle Creek, Michigan (the "Property") on Septem......read more.


Summary: 130 B.R. 757 (1991) In re Alfredo Medina FERNANDEZ and Linda Medina, Debtors. Alfredo Medina FERNANDEZ and Linda Medina, Plaintiffs, v. UNITED STATES of America, Defendant. *758 *759 William R. Farley, for plaintiffs Alfredo Medina Fernandez and Linda Medina. PROCEDURAL BACKGROUND The Plaintiffs, Alfredo Medina Fernandez (hereinafter "Fernandez") and Linda Medina (hereinafter "Medina") sometimes collectively referred to as the "Debtors," filed a voluntary petition for relief under chapter seven ......read more.


Summary: 144 B.R. 727 (1992) In re MOUNT PLEASANT LIMITED PARTNERSHIP, Debtor-in-Possession. In re GRAND TRAVERSE DEVELOPMENT COMPANY LIMITED PARTNERSHIP, Grand Traverse Development Company, Inc., and Grand Traverse Condominium Developers, Inc., Debtors-in-Possession. *728 *729 Dickinson, Wright, Moon, VanDusen & Freeman (William D. Tomblin, briefed), Lansing, Mich., for debtor Mount Pleasant Ltd. A. Mount Pleasant Limited Partnership. Debtor Mount Pleasant Limited Partnership ("Mount Pleasant") owns and......read more.


Summary: 389 B.R. 36 (2008) In re John August ENGMAN, Debtor. John August Engman, Pro Se. However, Karen Ludwick, a creditor, and John Engman, the debtor, object to any award.Mr. Engman also had numerous disagreements with the Sun-Da-Go condominium owners' association concerning both the governance of the association and Mr. Engman's responsibilities as the project's developer. For example, Mr. Engman has objected to every motion by the trustee to liquidate the remaining Sun-Da-Go lots and every attempt ......read more.


Summary: 32 B.R. 783 (1983) In the Matter of SILVER MILL FROZEN FOODS, INC., Debtor. In August, 1979, debtor, Silver Mill Frozen Foods (Silver Mill) agreed to purchase 14,142 thirty pounds pails of frozen RSP cherries from McMullin Orchards (McMullin) for a total invoice price of $303,345.90. Silver Mill, experiencing financial difficulties, made no further payment and McMullin refused to deliver the remaining cherries to either Silver Mill or ITT. In its answer, Silver Mill, as debtor in possession, pra......read more.


Summary: 174 B.R. 923 (1994) In re Cletus Bernard ARCHAMBAULT, Debtor. Cletus Bernard ARCHAMBAULT and Karen Archambault, Plaintiffs, v. Scott S. HERSHMAN, Defendant. Having established the necessary jurisdictional requirements, we turn to the gravamen of this adversary proceeding commenced by Chapter 7 individual Debtor, Cletus B. Archambault and his nondebtor spouse Karen Archambault against creditor Scott S. Hershman. The Texas Litigation Cletus B. Archambault ("Archie") was the president, chief employ......read more.


Summary: 196 B.R. 768 (1996) In re Steven R. LOTT, Debtor. *769 David J. Anderson, Kevin W. Manning, Lansing, Michigan, for Steven R. Lott. David R. Powers, Bay City, Michigan, for Heritage Equipment Co. *770 OPINION REGARDING VALIDITY OF ARTISAN'S LIEN JAMES D. GREGG, Bankruptcy Judge. PROCEDURAL BACKGROUND On July 17, 1995, Steven R. Lott ("Debtor") filed a voluntary petition for relief under chapter 13 of the Bankruptcy Code. The Debtor requested a court determination that a certain John Deere 8440 Tr......read more.


Summary: 455 B.R. 648 (2011) In re Terri Gay HUDSON, Debtor. I. INTRODUCTION Terri Gay Hudson (the "Debtor") owns real property in Plainwell, Michigan. The Debtor owns Lot 5 of the platted property; the Bank's mortgage covers Lot 6 of the platted property. Any interest that the Bank may have in the Debtor's real property is asserted to be invalid or subordinate to the Trustee's interest as a bona fide purchaser of real *650 property from the Debtor (sometimes referred to as "BFP" or "BFP status") under 1......read more.


Summary: 145 B.R. 883 (1992) In re James M. O'CONNOR & Leora J. O'Connor, Debtors. S.P. INVESTMENTS LIMITED PARTNERSHIP, Plaintiff, v. James M. O'CONNOR & Leora J. O'Connor, Defendants. September 25, 1992. *884 *885 Dood and Wilson, John J. Dood and Candace L. Wilson, Okemos, Mich., for plaintiff. Dischargeability Lease as Property Publication The Plaintiff filed this adversary proceeding based on 11 U.S.C. § 523(a)(2)(B), asking this court to find that the unpaid balance due under a lease plus other cos......read more.