MEMORANDUM OF DECISION AND ORDER PRESENT: HONORABLE SCOTT W. DALES , Chief United States Bankruptcy Judge . I. INTRODUCTION On July 24, 2015, the court entered two decisions in this adversary proceeding, in each instance ruling against New Products Corporation (the "Plaintiff" or "New Products"). On August 6, 2015, New Products timely moved for reconsideration of the decisions by filing separate motions. The first motion seeks reconsideration of the court's decision 1 substantially...
MEMORANDUM OF DECISION AND ORDER PRESENT: HONORABLE SCOTT W. DALES , Chief United States Bankruptcy Judge . I. INTRODUCTION On July 22, 2015, in Kalamazoo, Michigan, the court heard oral argument on the Defendants' Second Motion for Summary Judgment (the "Motion," DN 118), filed by Thomas R. Tibble, individually and as former trustee of the chapter 7 estate of Modern Plastics Corp. (the "Debtor"), and Mr. Tibble's surety, the Federal Insurance Company. The Motion is premised on what...
MEMORANDUM DECISION REGARDING MOTION TO SELL SUBSTANTIALLY ALL ASSETS OF DEBTORS John T. Gregg , United States Bankruptcy Judge . This matter comes before the court in connection with a motion to sell substantially all of the Debtors' assets and assume and assign certain executory contracts and unexpired leases pursuant to sections 363 and 365 of the Bankruptcy Code [Dkt. No. 487] (the "Sale Motion"), filed by Family Christian, LLC (the "Operating Debtor"), Family Christian Holding, LLC...
MEMORANDUM DECISION REGARDING MOTION TO DISMISS UNDER FED. R. CIV. P. 12(b)(6) John T. Gregg , United States Bankruptcy Judge . This matter is before the court on a Motion to Dismiss and brief in support thereof [Adv. Dkt. No. 15] (collectively, the "Motion to Dismiss") filed by LVNV Funding, LLC ("LVNV") and Resurgent Capital Services, L.P. ("Resurgent," and together with LVNV, the Defendants"), defendants in the above-captioned adversary proceeding. 1 The issue before the court is...
MEMORANDUM OF DECISION AND ORDER HONORABLE SCOTT W. DALES , Chief United States Bankruptcy Judge . I. INTRODUCTION The country's relationship with marijuana is changing, slowly, and one person's pusher is another's caregiver. Jerry L. Johnson (the "Debtor"), a licensed "caregiver" and marijuana grower under the Michigan Medical Marihuana Act 1 filed for relief under chapter 13 after falling behind on his house payments, his utility payments, and at least one payment on his truck. His...
MEMORANDUM DECISION REGARDING MOTION OF OFFICIAL COMMITTEE OF UNSECURED CREDITORS TO INTERVENE John T. Gregg , United States Bankruptcy Judge . This matter comes before the court in connection with a motion to intervene [Adv. Dkt. No. 30] (the "Motion to Intervene") filed by the Official Committee of Unsecured Creditors (the "Committee") in the above-captioned adversary proceeding. The Committee seeks to intervene as a defendant to determine, among other things, whether certain goods...
