OPINION AND ORDER DENYING UNITED STATES TRUSTEE'S SECOND MOTIONS TO CONVERT CHAPTER 11 PROCEEDINGS TO CHAPTER 7 SCOTT W. DALES, Bankruptcy Judge. These matters come before the court on the Second Motion of United States Trustee to Convert Chapter 11 Proceeding to Chapter 7, filed in each of the above captioned cases (DN 103 and 76, respectively, the "Conversion Motions"). Chapter 11 debtors-in-possession Wilderness Crossings, LLC ("Wilderness") and KL Investments, LLC ("KL") 1 are closely...
OPINION AND ORDER REGARDING FEE APPLICATION SCOTT W. DALES, Bankruptcy Judge. Butzel Long, LLP (the "Firm") represented Chapter 11 Debtors G. Woodward Stover, II and Betsy Upton Stover (the "Stovers" or "Debtors") in connection with their ill-fated Chapter 11 case. The Firm filed an application for compensation (the "Application," DN 75), which drew an objection (the "Objection," DN 83) from Summit Community Bank ("Summit Bank"). The court held a hearing on October 20, 2010 in Traverse City,...
OPINION AND ORDER REGARDING MOTION FOR PARTIAL SUMMARY JUDGMENT SCOTT W. DALES, Bankruptcy Judge. Plaintiffs Vikki Sue Pizzano and James W. Boyd commenced an adversary proceeding against Defendant Direct Capital Corporation ("Direct Capital" or the "Defendant") alleging, among other things, that the Defendant violated the automatic stay and converted the Debtor's 2000 Chevrolet Corvette convertible (the "Corvette") by repossessing it without colorable authority. Ms. Pizzano is a Chapter 7...
FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER TRIAL SCOTT W. DALES, Bankruptcy Judge. Donna G. Asher (the "Plaintiff") filed a complaint in this court against Mariann Koper (the "Defendant") to obtain a judgment excepting her claim from discharge. Although the Plaintiff originally sought relief under 11 U.S.C. 523(a)(2) and (a)(4), she has since limited her statutory basis for relief to 11 U.S.C. 523(a)(4), contending that the debt, memorialized in a state court consent judgment, arose...
OPINION AND ORDER REGARDING APPLICABILITY OF 11 U.S.C. 365 TO OIL AND GAS LEASES SCOTT W. DALES, Bankruptcy Judge. Plaintiff Frontier Energy, LLC ("Frontier" or "Plaintiff') and Defendant Aurora Energy, Ltd. ("Aurora" or "Defendant") 1 are parties to two oil and gas leases referred to in this adversary proceeding as the Hudson Agreement and the Corwith Agreement (collectively the "Agreements"). Long before Aurora filed a voluntary petition for relief with this court, the parties were...
OPINION ROBERT HOLMES BELL, District Judge. This matter is before the Court on Appellant State of Michigan, Department of Treasury's ("Treasury") appeal from the Bankruptcy Court's March 24, 2010, opinion and order overruling the State's objection to the Debtor's protective proof of claim. (Dkt. No. 1, Attach. 1, Notice of Appeal.) For the reasons that follow, the order of the bankruptcy court will be affirmed. I. Appellee Dianette Hight ("Debtor") filed a petition for Chapter 13...
