AMENDED 1 MEMORANDUM OF DECISION & ORDER PRESENT: HONORABLE SCOTT W. DALES , Chief United States Bankruptcy Judge . I. INTRODUCTION Depending on one's point of view, this proceeding is either an untimely challenge to exemptions, or a timely effort to avoid a fraudulent transfer, or perhaps both. At the heart of the dispute is a transfer of real property in Hesperia, Michigan (the "Property"), by John and Carol Rosich to themselves as tenants by the entireties, from a revocable trust...
MEMORANDUM OF DECISION & ORDER PRESENT: HONORABLE SCOTT W. DALES , Chief United States Bankruptcy Judge . I. INTRODUCTION The Young Mens Christian Association of Marquette County ("YMCA") seeks approval of its selection of counsel to represent it as chapter 11 debtor-in-possession, but the United States Trustee filed an objection raising two main grounds for disqualification. First, he argues that the YMCA's proposed counsel is not "disinterested" and therefore ineligible for appointment...
ORDER SCOTT W. DALES , United States Bankruptcy Judge . The court has reviewed the Debtors' Motion to Defer Entry of Discharge, their third request for this relief (the "Third Motion," ECF No. 51). Given the strong policy favoring a prompt fresh start, and the relationship between the entry of the discharge and other provisions of the Bankruptcy Code, 1 the court reads Fed. R. Bankr. P. 4004(c)(2) as authorizing only two deferral motions: the first for thirty days, and the second "to a...
MEMORANDUM OF DECISION AND ORDER PRESENT: HONORABLE SCOTT W. DALES , Chief United States Bankruptcy Judge . The court held a hearing on December 14, 2016, in Grand Rapids, Michigan, to consider the motion of plaintiff Jeff A. Moyer, chapter 7 trustee (the "Trustee") to amend his complaint against defendants John and Carol Rosich (the "Defendants"). See Plaintiffs Motion for Leave to File First Amended Complaint (the "Motion," ECF No. 16). The Defendants oppose the Motion. The court...
