OPINION AND ORDER DENYING THE DEBTOR'S MOTION TO REOPEN CASE Thomas J. Tucker , United States Bankruptcy Judge . This case is before the Court on the Debtor's motion filed February 20, 2020, entitled "Motion To Reopen Case" (Docket # 52, the "Motion"). The Motion seeks to reopen this case, to enable the Debtor to file a Financial Management Course Certificate ("Certificate") and receive a discharge. The Motion was filed almost 12 months after this case was closed. The case was closed on...
OPINION AND ORDER DENYING THE DEBTOR'S EX PARTE MOTION TO REOPEN CASE Thomas J. Tucker , United States Bankruptcy Judge . This case is before the Court on the Debtor's motion filed March 9, 2020, entitled "Ex-parte Motion to Reopen Chapter 7 Case to Allow Entry Of the Certificate of Completion of the Financial Management Course" (Docket # 21, the "Motion"). The Motion seeks to reopen this case, to enable the Debtor to file a Financial Management Course Certificate ("Certificate") and...
OPINION AND ORDER: (1) DENYING AS FUTILE PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE COMPLAINT; AND (2) GRANTING DEFENDANT'S MOTION TO DISMISS ADVERSARY PROCEEDING MARK A. RANDON , Bankruptcy Judge . I. INTRODUCTION Robert Scott Grimm waited five months after the sheriff's auction of his home to file Chapter 7 bankruptcy and an adversary proceeding challenging the foreclosure sale. The bankruptcy filing extended Grimm's six-month redemption period for an additional 60 days, but lacking...
CORRECTED 1 OPINION DETERMINING TAX DEBT IS EXCEPTED FROM DISCHARGE Phillip J. Shefferly , United States Bankruptcy Judge . Introduction This matter is before the Court following a trial on a complaint to determine whether a Chapter 7 debtor's tax debt to the IRS is excepted from discharge under 523(a)(1)(C) of the Bankruptcy Code. For the reasons set forth in this opinion, the Court holds that the IRS has proven all the elements necessary to except the debt from discharge...
OPINION REGARDING THE DEBTOR'S MOTION FOR AN ORDER FINDING THE MICHAELIAN PARTIES IN VIOLATION OF THE AUTOMATIC STAY Thomas J. Tucker , United States Bankruptcy Judge . I. Introduction This case came before the Court for a hearing on January 29, 2020, on the Debtor's motion entitled "Debtor's Motion for Order Finding Creditors Judith Michaelian and the Estate of Marshall S. Michaelian in Violation of the Automatic Stay," filed on December 9, 2019 (Docket # 78, the "Motion"). Counsel...
OPINION DETERMINING TAX DEBT IS EXCEPTED FROM DISCHARGE PHILLIP J. SHEFFERLY , Bankruptcy Judge . Introduction This matter is before the Court following a trial on a complaint to determine whether a Chapter 7 debtor's tax debt to the IRS is excepted from discharge under 523(a)(1)(C) of the Bankruptcy Code. For the reasons set forth in this opinion, the Court holds that the IRS has proven all the elements necessary to except the debt from discharge under 523(a)(1)(C). Jurisdiction...
OPINION AND ORDER DENYING THE DEBTOR'S EX PARTE MOTION TO REOPEN CASE AND TO WAIVE MOTION FILING FEE Thomas J. Tucker , United States Bankruptcy Judge . This case is before the Court on the Debtor's motion filed February 3, 2020, entitled "Motion To Reopen Case and Waive Reopen Fee" (Docket # 22, the "Motion"). The Motion seeks to reopen this case, to enable the Debtor to file a Financial Management Course Certificate ("Certificate") and receive a discharge. The Motion was filed more than...
OPINION REGARDING UNITED STATES TRUSTEE'S MOTION TO DISMISS THIS CASE UNDER 11 U.S.C. 707(b)(3) Thomas J. Tucker , United States Bankruptcy Judge . I. Introduction This is a no-asset Chapter 7 case — that is, the Chapter 7 Trustee has determined that there are no non-exempt assets he can administer for the benefit of creditors. But the Debtors, Wayne D. Meehean and Reda L. Meehean, have monthly Social Security income, that when combined with their other income, gives them the financial...
NOT FOR PUBLICATION OPINION AND ORDER GRANTING MOTION FOR RECONSIDERATION OF NORTHLAND AREA FEDERAL CREDIT UNION, SETTING ASIDE DECEMBER 18, 2019 ORDER, AND DENYING TRUSTEE'S MOTION FOR SANCTIONS (DOCKET NO. 87) DANIEL S. OPPERMAN , Bankruptcy Judge . Northland Area Federal Credit Union ("Northland") requests that this Court reconsider an Opinion Granting in Part and Denying in Part Motion of Chapter 13 Trustee for Sanctions Pursuant to Federal Rule of Bankruptcy Procedure 9011 and 28 U.S....
Not for Publication OPINION GRANTING PLAINTIFF GYPSUM SUPPLY COMPANY'S MOTION FOR SUMMARY JUDGMENT DANIEL S. OPPERMAN , Bankruptcy Judge . Introduction Before the Court is Plaintiff Gypsum Supply Company's Motion for Summary Judgment. The Defendant in this adversary proceeding is the Debtor Anthony Jerome Marinelli. Plaintiff filed this action under 11 U.S.C. 523(a)(4) and 523(a)(6) objecting to the dischargeability of debt. The instant Motion for Summary Judgment is brought pursuant...
ON REGARDING DEBTOR'S MOTION FOR CLARIFICATION OF EXEMPTIONS AND TRUSTEE'S OBJECTION TO EXEMPTIONS DANIEL S. OPPERMAN , Bankruptcy Judge . Introduction Debtors are allowed to amend their schedules freely and to claim the maximum exemptions allowed by the Bankruptcy Code. Here, Debtor Michael White has exercised this right by amending his Schedule C numerous times—eight times by the Trustee's count. The instant issue is whether the Debtor can exempt rent revenue generated by lease payments...
OPINION AND ORDER SUSTAINING THE TRUSTEE'S OBJECTION TO CONFIRMATION MARK A. RANDON , Bankruptcy Judge . I. INTRODUCTION AND BACKGROUND The Chapter 13 Trustee objects to confirmation of Arides Harrington, Jr.'s reorganization plan. Harrington's best efforts would allow him to pay his unsecured creditors in full, with interest; however, his plan proposes full payment—without interest—and without allocating all of his projected disposable income to the plan for the five-year commitment...
OPINION GRANTING IN PART AND DENYING IN PART MOTION OF CHAPTER 13 TRUSTEE FOR SANCTIONS PURSUANT TO FEDERAL RULE OF BANKRUPTCY PROCEDURE 9011 AND 18 U.S.C. 1927 DANIEL S. OPPERMAN , Bankruptcy Judge . Introduction Thomas McDonald, the Chapter 13 Trustee ("Trustee"), seeks sanctions against Northland Area Credit Union ("Northland") pursuant to Federal Rule of Bankruptcy Procedure 9011 and 18 U.S.C. 1927. Northland denies that it has committed any action warranting sanctions. The Court...
OPINION GRANTING IN PART AND DENYING IN PART FEE APPLICATIONS OF PROFESSIONALS FOR THE DEBTOR IN POSSESSION Phillip J. Shefferly , United States Bankruptcy. Introduction This matter is before the Court on the fee applications of Schafer and Weiner, P.L.L.C. ("SW") and Harmon Partners, LLC ("Harmon"). SW is the law firm that represented Central Processing Services, LLC ("Debtor"), the Debtor in Possession in this Chapter 11 case, and Harmon is the financial advisor to the Debtor. The...
OPINION ON REMAND, REGARDING THE FEE APPLICATION OF SILVERMAN & MORRIS PLLC, CHAPTER 7 TRUSTEE'S SPECIAL COUNSEL Thomas J. Tucker , United States Bankruptcy Judge . This case is before the Court on a remand from the United States District Court. The remand concerns the attorney fees to be awarded to the firm of Silverman & Morris PLLC ("Silverman & Morris"), for their work as special counsel for the Chapter 7 Trustee. A. Background 1. The fee applications filed in this case After the...
OPINION REGARDING THE DEBTOR'S MOTION TO CONVERT TO CHAPTER 13 Thomas J. Tucker , United States Bankruptcy Judge . I. Introduction This case came before the Court for a hearing on October 2, 2019, followed by an evidentiary hearing on November 25, 2019, on the Debtor's motion entitled "Motion of Conversion of Chapter 7 Proceeding to Chapter 13 Proceeding Pursuant to 11 U.S.C. 706" (Docket # 67, the "Motion"). The Chapter 7 Trustee objected to the Motion. Counsel for the Debtor and counsel...
ORDER DENYING WITHOUT PREJUDICE COMCAST'S MOTION TO COMPEL ARBITRATION MARK A. RANDON , Bankruptcy Judge . I. INTRODUCTION Comcast is a provider of cable television, internet, and telephone service in 39 states, including Michigan. For two months in 2014, Richard Miller received Comcast services at his home. His service was disconnected for non-payment. During his subsequent Chapter 7 bankruptcy and after entry of his discharge, Miller alleges Comcast-a scheduled creditor-made numerous...
OPINION AND ORDER DENYING THE MOTION BY DEFENDANT TO SET ASIDE DEFAULT JUDGMENT Thomas J. Tucker , United States Bankruptcy Judge . This case is before the Court on the Defendant Tina Cavendish's motion entitled "Motion to Set Aside Default Judgment," filed on November 9, 2019 (Docket # 49, the "Motion"), which the Court construes as a motion for reconsideration of, and for relief from, the default judgment entered on September 9, 2019 (Docket # 45, the "Default Judgment"). The Court...
ORDER DISMISSING CASE THOMAS J. TUCKER , Bankruptcy Judge . This case will be dismissed, for the following reasons. On March 19, 2019, the Debtor filed a voluntary petition for relief under Chapter 7, commencing Case No. 19-43997. On July 3, 2019, the Court entered an Order dismissing that case and barring the Debtor from filing another bankruptcy petition "unless and until the Debtor first pays in full the $335.00 filing fee for this case" (Docket # 23 in Case No. 19-43997, the "...
OPINION DENYING MOTION FOR A FINDING OF "CAUSE" PURSUANT TO 11 U.S.C. 349(b) JOEL D. APPLEBAUM , Bankruptcy Judge . Before the Court is the motion of Debtor's counsel, Frego & Associates — The Bankruptcy Law Office, P.L.C. (" Frego & Associates "), for a finding of "cause" under 11 U.S.C. 349(b)(3) (the " Motion "). Specifically, Frego & Associates seeks payment of its attorney fees out of undistributed funds held by the Standing Chapter 13 Trustee (" Trustee ") at dismissal of Debtor'...
