ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION PHILLIP J. SHEFFERLY , Bankruptcy Judge . Initial Investments, Inc. ("Initial Investments") filed this adversary proceeding to determine that Marla T. Woodford ("Debtor") owed Initial Investments a nondischargeable debt. On December 12, 2016, the Court issued an Opinion After Trial Dismissing Complaint to Determine Nondischargeable Debt ("Opinion"). On the same day, the Court entered an Order (1) Dismissing Complaint; and (2) Awarding...
OPINION AFTER TRIAL DISMISSING COMPLAINT TO DETERMINE NONDISCHARGEABLE DEBT Phillip J. Shefferly , United States Bankruptcy Judge . Introduction This matter is before the Court on a complaint in a Chapter 7 bankruptcy case to determine a debt to be nondischargeable under 523(a)(4) and (a)(6) of the Bankruptcy Code. The plaintiff is a corporation engaged in providing restoration services for existing structures. The defendant is an individual who owned a home that suffered water...
OPINION REGARDING SECOND APPLICATION FOR AWARD OF POST-CONFIRMATION ATTORNEY FEES OF SMITH LAW GROUP, PLLC DANIEL S. OPPERMAN , Bankruptcy Judge . Introduction Smith Law Group, PLLC, ("Applicant") the former attorney for the Debtor, Michael Luark, filed a Second Application for Award of Post-Confirmation Attorney Fees of $3,396.50 ("Fee Application"), to which both the Chapter 13 Trustee and the Debtor have objected. At the October 18, 2016, hearing regarding the Fee Application, the...
ORDER AWARDING DAMAGES AND ATTORNEYS' FEES FOR WILLFUL VIOLATION OF THE AUTOMATIC STAY PHILLIP J. SHEFFERLY , Bankruptcy Judge . On September 22, 2016, the Debtors filed this Chapter 13 case. On their schedule A/B, the Debtors listed ownership of a 2005 Volvo ("Vehicle"). On October 7, 2016, the Debtors filed a motion ("Motion") (ECF No. 15) to compel the turnover of the Vehicle and for an award of damages and attorney fees for willful violation of the automatic stay of 362 of the...
OPINION AND FURTHER ORDER REGARDING THE CHAPTER 7 TRUSTEE'S MOTION TO APPROVE COMPROMISE, AND ADJOURNING THE NOVEMBER 16, 2016 HEARING Thomas J. Tucker , United States Bankruptcy Judge . This case came before the Court on October 12, 2016, for a hearing on the Chapter 7 Trustee's motion entitled "Motion to Approve Compromise Pursuant to Bankruptcy Rule 9019" (Docket # 51, the "Motion"). For the reasons stated by the Court on the record during that hearing, the Court entered an Order on...
ORDER DENYING FEE APPLICATION WITHOUT PREJUDICE, AS PREMATURE THOMAS J. TUCKER , Bankruptcy Judge . This case is before the Court on a fee application filed by the attorney for the Debtor on October 10, 2016, in a document entitled "Application for Payment of Pre-Confirmation Attorney Fees as an Administrative Expense Through the Chapter 13 Plan From 4/19/16 to 5/19/16" (Docket # 60, the "Fee Application"). On November 8, 2016, the Debtor's attorney filed a Certification of Non-Response,...
ORDER REQUIRING DEBTORS TO AMEND DISCLOSURE STATEMENT THOMAS J. TUCKER , Bankruptcy Judge . On October 24, 2016, the Debtors filed a plan and disclosure statement, in a document entitled "Combined Plan of Reorganization and Disclosure Statement of Craig and Brenda Miller" (Docket # 94, the "Plan"). The Court cannot yet grant preliminary approval of the disclosure statement contained within this document ("Disclosure Statement"). The Court notes the following problems, which Debtors must...
ORDER DENYING MOTION OF THOMASENA BARGE SEEKING MONETARY RELIEF THOMAS J. TUCKER , Bankruptcy Judge . On September 16, 2016, Thomasena Barge filed a motion entitled "Motion Seeking Monetary Relief" (Docket # 11544, the "Motion"). The City of Detroit filed a response on October 7, 2016 (Docket # 11608). The Court has fully considered both the Motion and the response, and concludes that a hearing is not necessary, and that the Motion must be denied. The Motion fails to comply with the Court'...
ORDER DENYING MOTION TO EXCUSE DEBTOR, DAVID K. ROBLING, FROM REQUIREMENT OF FILING THE CERTIFICATION REGARDING DOMESTIC SUPPORT OBLIGATION (FORM B283) AND THE CERTIFICATION OF COMPLETION OF PERSONAL FINANCIAL MANAGEMENT (FORMB23) THOMAS J. TUCKER , Bankruptcy Judge . This case is before the Court on a motion, purportedly filed by both of the Debtors, entitled "Motion to Excuse Debtor, David Robling, from Requirement of Filing the Certification Regarding Domestic Support Obligation (Form...
OPINION REGARDING CITY OF DETROIT'S MOTION TO ENFORCE SETTLEMENT AGREEMENT [ETC.] AGAINST TAMMY HOWARD AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF SHELDON BELL, JR., DECEASED (DOCKET # 11535); AND ORDER CANCELLING OCTOBER 19, 2016 HEARING ON SUCH MOTION THOMAS J. TUCKER , Bankruptcy Judge . This case is before the Court on the City of Detroit's motion, filed September 8, 2016, entitled "City of Detroit's Motion to Enforce Settlement Agreement and Order, Pursuant to Sections 105 and 502 of...
OPINION AND ORDER DENYING DEFENDANT'S MOTION FOR RECONSIDERATION AND FOR RELIEF FROM JUDGMENT Thomas J. Tucker , United States Bankruptcy Judge . This case is before the Court on the Debtor's motion entitled "Defendant's Motion to Set Aside Default Judgment Pursuant to F.R.C.P. 55(c) and F.R.C.P. 60(b), Deny Plaintiff's Motion for Contempt and Stay the Court's Order for Delivery of Property," filed October 7, 2016 (Docket #45, the "Motion"), which the Court construes as a motion for...
OPINION DENYING MOTION FILED BY CREDITOR MICHIGAN INDUSTRIAL CONSTRUCTION TO VACATE/SET ASIDE DEBTOR'S CHAPTER 13 PLAN DANIEL S. OPPERMAN , Bankruptcy Judge . Facts Michigan Industrial Construction Corporation ("Michigan Industrial"), a judgment creditor of Debtor William Orville Cragg, files this Motion to Vacate Debtor's Chapter 13 Plan. Debtor's Chapter 13 Plan was confirmed in an Order Confirming Plan entered on December 4, 2015. Michigan Industrial argues that the Order Confirming...
TRIAL OPINION Thomas J. Tucker , United States Bankruptcy Judge . I. Introduction This adversary proceeding arises out of the participation of the Defendants in an investor program run by Plaintiff/Debtor Ralph Roberts, Realty, LLC ("Realty") (the "Investor Program"). The Defendants are Jon Savoy; Arnold Hassig, a.k.a. Butch Hassig; Adam Hassig; and four entities formed by them — Prime Residential Properties Group, LLC; Ryan Residential Properties Group, LLC; Adam Residential Properties...
ORDER DENYING CONSUMER PORTFOLIO SERVICES, INC.'S MOTION FOR RECONSIDERATION Thomas J. Tucker , United States Bankruptcy Judge . This case is before the Court on a motion filed on September 27, 2016 by Consumer Portfolio Services, Inc. ("CPS"), entitled "Motion for Reconsideration on Behalf of Consumer Portfolio Services, Inc." (Docket #24, the "Motion"). The Motion seeks reconsideration of the Court's September 13, 2016 Order denying CPS's motion to reopen this bankruptcy case. (Docket #...
OPINION ON REMANDED SOVEREIGN IMMUNITY WAIVER ISSUE (DKT. 649) Walter Shapero , United States Bankruptcy Judge . INTRODUCTION AND BACKGROUND The Litigation Trustee ("Plaintiff") by this adversary proceeding essentially seeks to avoid aspects of a restructuring and financing transaction whereby Greektown Holdings, LLC, a Debtor, directly or indirectly transferred money to multiple parties, including the Sault Ste. Marie Tribe of Chippewa Indians and its political subdivision Kewadin...
TRIAL OPINION DANIEL S. OPPERMAN , Bankruptcy Judge . Introduction The Plaintiff Land Escape Outdoor Maintenance, L.L.C. d/b/a Outdoor Creations ("Land Escape" 1 ) claims that the Defendant, Jeremy Bellanti, owes it $480,669.72 and that this debt is excepted from discharge pursuant to 11 U.S.C. 523(a)(2), 11 U.S.C. 523 (a)(4), and 11 U.S.C. 523(a)(6). Land Escape also objects to the discharge being granted to Jeremy Bellanti; Jeremy Bellanti disagrees with Land Escape's positions....
OPINION AND ORDER DENYING DEBTOR'S SECOND MOTION FOR RECONSIDERATION Thomas J. Tucker , United States Bankruptcy Judge . This case is before the Court on the Debtor's motion entitled "Motion for Relief from Order Compelling Debtor to Turn Over Property to the Estate," filed August 29, 2016 (Docket # 39, the "Motion"), which the Court construes as another motion by the Debtor for reconsideration of, and for relief from, the October 21, 2015 Order Compelling Debtor to Turn Over Property (...
OPINION REGARDING CONFIRMATION OF THE DEBTORS' PROPOSED PLAN, AND CERTAIN OTHER RELATED MATTERS Thomas J. Tucker , United States Bankruptcy Judge . I. Introduction The Debtors in these two jointly-administered Chapter 11 cases are St. James Nursing and Physical Rehabilitation Center, Inc. ("St. James") and MPMS St. James Real Estate Acquisition, LLC ("RE Hold Co."). St. James owns and operates a business in the form of a skilled nursing care facility, located at 15063 Gratiot Ave.,...
ORDER DENYING CONSUMER PORTFOLIO SERVICES, INC.'S MOTION TO REOPEN BANKRUPTCY CASE THOMAS J. TUCKER , Bankruptcy Judge . On April 11, 2016, the Debtor filed a voluntary petition for relief under Chapter 7, commencing this bankruptcy case. On July 19, 2016, the Court entered an order granting Debtor a discharge under 11 U.S.C. 727. On July 22, 2016, the bankruptcy case was closed. On August 24, 2016, Consumer Portfolio Services, Inc. filed a motion to reopen this case (Docket # 18, the "...
ORDER DISMISSING CASE THOMAS J. TUCKER , Bankruptcy Judge . On October 31, 2015, the Debtor, through her attorney Stephen D. Parker, filed a voluntary petition for relief under Chapter 7, commencing Case No. 15-55940. On March 10, 2016, 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 $260.00 balance owing for the filing fee for this case" (Docket # 24 in Case No. 15-55940, the...
