ORDER DENYING PLAINTIFF'S MOTION TO REOPEN ADVERSARY PROCEEDING PHILLIP J. SHEFFERLY , Bankruptcy Judge . Credit Union One ("Credit Union") is the plaintiff in this adversary proceeding. On September 21, 2015, the Court dismissed the adversary proceeding. This order addresses the Credit Union's motion to reopen the adversary proceeding. Here are the background facts. On May 26, 2015, Danetta L. Maddox ("Debtor") filed this Chapter 7 case. On her schedule F, the Debtor listed an unsecured...
OPINION REGARDING DEBTOR'S TURNOVER MOTION, AND THE CHAPTER 7 TRUSTEE'S OBJECTION TO DEBTOR'S CLAIM OF EXEMPTIONS/TURNOVER MOTION, AND THE CHAPTER 7 TRUSTEE'S CORRECTED OBJECTION TO DEBTOR'S CLAIM OF EXEMPTIONS/TURNOVER MOTION THOMAS J. TUCKER , Bankruptcy Judge . This case came before the Court for an evidentiary hearing on September 28, 2015, on certain unresolved issues involved in the following matters: (1) Debtor's motion entitled "Motion For Turnover of Seized Social Security Funds...
OPINION REGARDING FIRST AND FINAL FEE APPLICATION OF ATTORNEY FOR TRUSTEE, BEADLE SMITH, PLC DANIEL S. OPPERMAN , Bankruptcy Judge . Introduction Beadle Smith, PLC seeks compensation in the amount of $34,569.19 for attorney fees and $274.74 for costs totaling $34,843.93. Three creditors, Dennis Tierney, Richard Tierney, and Sally Tierney, object to this Application because the calculation of the attorney fees is based upon a one-third contingent fee arrangement for all sums collected by...
ORDER GRANTING CREDITORS FRANCESCO AND MARGARET DEL VECCHIO'S MOTION TO LIFT THE AUTOMATIC STAY MARK A. RANDON , Bankruptcy Judge . Debtor and creditors, Francesco and Margaret Del Vecchio ("Creditors"), executed a land contract for property located in White Lake Township, Michigan ("the Property"). After Debtor fell behind in his payments—triggering the land contract's forfeiture provision—Creditors obtained a judgment for possession in state court. One day before the 90-day redemption...
OPINION AND ORDER DENYING MOTION TO COMPEL COMPLIANCE WITH 11 U.S.C. 521(a)(2) AND TO DELAY ENTRY OF DISCHARGE THOMAS J. TUCKER , Bankruptcy Judge . This case is before the Court on 21st Mortgage Corporation's Motion to Compel Compliance with 11 U.S.C. 521(a)(2) and to Delay Entry of Discharge, filed November 25, 2015 (Docket # 21, the "Motion"). The Motion relates to a manufactured home in which Debtor granted a prepetition security interest to 21st Mortgage. In her Statement of...
OPINION REGARDING TRUSTEE FINAL APPLICATION FOR COMPENSATION AND FINAL FEE APPLICATION OF COLLENE K. CORCORAN, ATTORNEY FOR CHAPTER 7 TRUSTEE DANIEL S. OPPERMAN , Bankruptcy Judge . Facts Collene K. Corcoran (the "Trustee") was appointed the Chapter 7 Trustee in this case and hired herself as an attorney. Because the issues in this estate involved an objection to exemptions in Debtor's real estate, as well as non-exempt rent collected by Debtor, topics in which the Trustee is...
Not for Publication OPINION REGARDING APPLICATION FOR COMPENSATION OF ROBERT P. DENTON DANIEL S. OPPERMAN , Bankruptcy Judge . Introduction Debtor's counsel, Robert P. Denton, requests fees in the amount of $6,400.00 for services rendered from November 14, 2014, to November 2, 2015. During this time period, the Debtor sought approval of financing for the purchase of a house in New Mexico and defended a Motion to Dismiss filed by a creditor, FinancialEdge Community Credit Union. The...
ORDER DENYING FEE APPLICATION, WITHOUT PREJUDICE, AS PREMATURE THOMAS J. TUCKER , Bankruptcy Judge . This case is before the Court on the fee application of the Chapter 13 Debtor's attorney, Walter A. Metzen, filed October 29, 2015 (Docket # 28, the "Application"). No timely objections to the Application were filed. The Court concludes that the Application should be denied, without prejudice, because it is premature. No plan has been confirmed in this Chapter 13 case, and currently an...
OPINION REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT DANIEL S. OPPERMAN , Bankruptcy Judge . Facts Between December 10, 2010 and January 29, 2010, Marlene Nemes (the "Defendant"), collected approximately $1,745 in unemployment benefits from the State of Michigan Unemployment Insurance Agency (the "Agency"), despite being gainfully employed. The Agency issued a "determination" to Defendant regarding the overpayments on June 13, 2012. The determination stated that Defendant owed $1,745 in...
NOT FOR PUBLICATION OPINION REGARDING OBJECTION OF THOMAS McDONALD, CHAPTER 13 TRUSTEE, TO CLAIM NO. 10 OF DOW CHEMICAL EMPLOYEES CREDIT UNION DANIEL S. OPPERMAN , Bankruptcy Judge . Introduction Dow Chemical Employees Credit Union (the "Credit Union") filed Claim No. 10 with the Court seeking attorney fees of $1,760.00. The Chapter 13 Trustee, Thomas McDonald, (the "Trustee") objected to Claim No. 10 and the Credit Union responded to that objection. The Trustee argues that the fees...
Not for Publication OPINION REGARDING VARIOUS MATTERS PENDING BEFORE THE COURT 1 DANIEL S. OPPERMAN , Bankruptcy Judge . Findings of Fact Debtor Diana Gentry, Plaintiffs John Banfield, James Banfield and Nancy Day, and Defendant Toni Banfield are siblings; Rayola O. Banfield is their mother. Rayola Banfield created a revocable trust on November 10, 1987, for the benefit of her children and amended that trust at least six times. On December 17, 1987, she created an irrevocable trust....
OPINION GRANTING DEFENDANTS DIMITRIOS ("JIM") PAPAS, VIOLA PAPAS, TED GATZAROS, AND MARIA GATZAROS' MOTION FOR SUMMARY JUDGMENT (DKT. 266) WALTER SHAPERO , Bankruptcy Judge . INTRODUCTION Plaintiff, as litigation trustee, seeks to avoid certain monetary transfers made to defendants by a debtor corporation, alleging the transfers were constructively fraudulent transfers. Defendants moved for summary judgment pursuant to the "safe harbor" provision of 11 U.S.C. 546(e). The motion is...
ORDER SUSTAINING DEBTOR'S OBJECTION TO CLAIM OF RANDY ADAMKIEWICZ (CLAIM NO. 8) THOMAS J. TUCKER , Bankruptcy Judge . Debtor filed and served an objection to the claim of Randy Adamkiewicz (Claim No. 8) under L.B.R. 3007-1. (Docket # 55, the "Claim Objection"). A hearing was scheduled for December 3, 2015 at 10:00 a.m. As the notice of the Claim Objection correctly stated, a written response to the objection was due to be filed no later than seven (7) days before the date set for hearing...
ORDER STRIKING MOTION BY CREDITORS LARRY AND PAULETTE WRIGHT TO CONFIRM ELECTION OF TRUSTEE AND/OR TO RESOLVE DISPUTED ELECTION OF TRUSTEE THOMAS J. TUCKER , District Judge . On August 12, 2015, Creditors Larry and Paulette Wright (collectively, the "Wrights") filed a motion entitled "Creditors Larry and Paulette Wright's Motion to Confirm Election of Trustee and/or to Resolve Disputed Election of Trustee" (Docket # 49, the "Motion"). On August 31, 2015, the Wrights filed a certificate of...
ORDER OVERRULING OCWEN'S OBJECTION TO DEBTOR'S CHAPTER 13 PLAN MARK A. RANDONI , Bankruptcy Judge . I. INTRODUCTION Eula Colcord owns four duplexes-eight individual units. The rent from seven of the units provide more than 90 percent of her total monthly income; she lives in the remaining unit. In 2015, Colcord filed Chapter 13 bankruptcy. She submitted a plan, which proposes to modify the mortgage terms on the duplex that includes her principal residence. Ocwen Loan Servicing, LLC...
OPINION REGARDING DEBTOR'S TURNOVER MOTION, AND THE CHAPTER 7 TRUSTEE'S OBJECTION TO DEBTOR'S CLAIM OF EXEMPTIONS/TURNOVER MOTION, AND THE CHAPTER 7 TRUSTEE'S CORRECTED OBJECTION TO DEBTOR'S CLAIM OF EXEMPTIONS/TURNOVER MOTION THOMAS J. TUCKER , Bankruptcy Judge . This case came before the Court for an evidentiary hearing on September 28, 2015, on certain unresolved issues involved in the following matters: (1) Debtor's motion entitled "Motion For Turnover of Seized Social Security Funds...
OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AND DISMISSING THE NON-DEBTOR CORPORATE DEFENDANTS WITHOUT PREJUDICE MARK A. RANDON , Bankruptcy Judge . I. INTRODUCTION Andre Salamy asks the Court to enter a default judgment against two non-debtor limited liability corporations ("LLCs"). Because the Court lacks subject matter jurisdiction, it DENIES Salamy's motion for default judgment, and sua sponte DISMISSES the claims against the LLCs without prejudice. II....
OPINION REGARDING FIRST AND FINAL FEE APPLICATION OF ATTORNEY FOR TRUSTEE, BEADLE SMITH, PLC DANIEL S. OPPERMAN , Bankruptcy Judge . Introduction Beadle Smith, PLC seeks compensation in the amount of $34,569.19 for attorney fees and $274.74 for costs totaling $34,843.93. Three creditors, Dennis Tierney, Richard Tierney, and Sally Tierney, object to this Application because the calculation of the attorney fees is based upon a one-third contingent fee arrangement for all sums collected by...
OPINION REGARDING THE PENDING OBJECTIONS TO THE DEBTOR'S AMENDED CLAIM OF EXEMPTIONS Thomas J. Tucker , United States Bankruptcy Judge . In Clark v. Rameker, ___ U.S. ___, 134 S.Ct. 2242 , 189 L.Ed.2d 157 (2014), the United States Supreme Court held that a bankruptcy debtor's interest in an inherited individual retirement account ("IRA") does not qualify as "retirement funds," under the exemption provisions of 11 U.S.C. 522(b)(3)(C). In this case, the Court must decide whether a...
ORDER GRANTING DEBTOR'S MOTION TO REOPEN THIS CASE, BUT ON TERMS DIFFERENT FROM THOSE REQUESTED BY DEBTOR THOMAS J. TUCKER , Bankruptcy Judge . This case is before the Court on the Debtor's motion to reopen the case, filed on October 28, 2015 (Docket # 192, the "Motion"). The Motion seeks to reopen the case to enable the Debtor to file amended schedules and an amended matrix, which properly list creditor Doctor's Associates, Inc., and this creditor's correct mailing address. On November 18,...
