OPINION AND ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS (DKT. NOS. 18 AND 20) MARK A. RANDON , Bankruptcy Judge . I. INTRODUCTION Plaintiff has unpaid water bills and property taxes dating back to 2013. As a result of the delinquent taxes, which include the unpaid water bills, Plaintiff's home was forfeited to the Wayne County Treasurer, later foreclosed (passing title to the Treasurer), and is scheduled to be sold at a public auction in September or October 2017. Plaintiff filed this...
Chapter 11 OPINION REGARDING THE CITY OF SOUTHFIELD'S "MOTION TO COMPEL CONSUMMATION OF CONFIRMED PLAN OF REORGANIZATION" Thomas J. Tucker , United States Bankruptcy Judge . I. Introduction and background The Debtor in this Chapter 11 case, Shefa, LLC, obtained confirmation of a plan on February 19, 2016, and the case was closed on February 6, 2017. This case was reopened on October 11, 2017, to resolve a dispute between the Debtor and the City of Southfield, Michigan (the "City"). 1...
OPINION REGARDING DISMISSAL OF ADVERSARY PROCEEDING AS MOOT Thomas J. Tucker , United States Bankruptcy Judge . This adversary came before the Court on December 18, 2017, for an initial scheduling conference. During that conference, the Court suggested that this adversary proceeding is moot, and the parties agreed. For the following reasons, the Court will dismiss this adversary proceeding, as moot, and for lack of subject matter jurisdiction. On November 13, 2017, Plaintiff Michigan...
Not for Publication OPINION DENYING PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIM DANIEL S. OPPERMAN , Bankruptcy Judge . The Plaintiff, Randall Frank as the Chapter 7 Trustee, initiated this adversary proceeding against the Defendants, Paul Maletich and VirtuaPin Cabinets, Inc., seeking to avoid transfers of property and recover funds. The Defendants filed an Answer and Affirmative Defenses and also filed a Counterclaim against the Plaintiff claiming that certain allegations in the...
ORDER OVERRULING OBJECTION TO TRUSTEE'S FINAL REPORT AND APPLICATION FOR COMPENSATION PHILLIP J. SHEFFERLY , Bankruptcy Judge . On April 1, 2015, the Debtor filed this bankruptcy case under Chapter 13 of the Bankruptcy Code. On December 23, 2015, it was converted to Chapter 7. The Debtor received her discharge on April 22, 2016. On October 23, 2017, the Chapter 7 Trustee filed a final application for compensation (ECF No. 109). On October 26, 2017, the Chapter 7 Trustee filed a Final...
OPINION GRANTING MOTION OF H.D. SMITH, LLC FOR ALLOWANCE AND PAYMENT OF SECTION 503(b)(9) ADMINISTRATIVE EXPENSE CLAIM Hon. Daniel S. Opperman . Findings of Fact VPH Pharmacy, Inc. operated a closed-door pharmacy supplying various nursing homes, adult centers, and assisted living facilities with medical supplies and drugs. In order to do so, VPH relied upon suppliers, such as H.D. Smith Wholesale Drug Company ("H.D. Smith") to provide the necessary materials. There was a long standing...
ORDER DENYING THE DEBTOR'S MOTION FOR RECONSIDERATION (DOCKET # 160) OF THE COURT'S ORDER DENYING DEBTOR'S MOTION TO OBTAIN POST-PETITION FINANCING THOMAS J. TUCKER , Bankruptcy Judge . This case is before the Court on the Debtor's motion entitled "Debtor Packard Square, LLC's Motion for Reconsideration of the Court's Denial of Its Debtor-In-Possession Financing," filed October 30, 2017 (Docket # 160, the "Motion"), which the Court construes as a motion for reconsideration of, and for...
ORDER STRIKING THE "CONCURRENCES" FILED IN RESPONSE TO THE DEBTOR'S MOTIONS FOR RECONSIDERATION THOMAS J. TUCKER , Bankruptcy Judge . On October 30, 2017, the Debtor filed two motions for reconsideration (Docket ## 159, 160, the "Reconsideration Motions"), seeking reconsideration of the two orders entered by the Court on October 13, 2017 (Docket ## 143, 145). Today the Court is entering separate orders denying the Reconsideration Motions. This Order concerns the fact that several parties...
ORDER DENYING THE DEBTOR'S MOTION FOR RECONSIDERATION (DOCKET #159) OF THE COURT'S ORDER DISMISSING THIS BANKRUPTCY CASE Thomas J. Tucker , United States Bankruptcy Judge . This case is before the Court on the Debtor's motion entitled "Debtor Packard Square, LLC's Motion for Reconsideration of the Court's Dismissal of Packard Square's Chapter 11 Bankruptcy," filed October 30, 2017 (Docket #159, the "Motion"), which the Court construes as a motion for reconsideration of, and for relief from,...
OPINION AND ORDER DENYING DEBTOR's EX PARTE MOTION TO REOPEN CASE, BUT WAIVING MOTION FILING FEE Judge Thomas J. Tucker . This case is before the Court on the Debtor's motion filed November 28, 2017, 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...
NOT FOR PUBLICATION OPINION REGARDING MOTIONS FOR RECONSIDERATION FILED BY THE CHAPTER 7 TRUSTEE AND DEBTORS OF THIS COURT'S JUNE 16, 2017 OPINION AND ORDER DANIEL S. OPPERMAN , Bankruptcy Judge . Both the Chapter 7 Trustee and the Debtors have filed Motions for Reconsideration of the Court's June 16, 2017 Opinion and Order Regarding Debtors' Ex-Parte Motion for Expedited Hearing To Further Compel Chapter 7 Trustee To Turnover Exempt Property or Be Found in Contempt of Court ("Turnover...
OPINION REGARDING MOTION BY JEROME COLLINS FOR LEAVE TO FILE DELAYED CLAIM Thomas J. Tucker , United States Bankruptcy Judge . I. Introduction This case is before the Court on a motion filed by Jerome Collins ("Collins"), entitled "[Corrected] Motion for Entry of Order Granting Collins' Verified Motion for Leave to File Delayed Proof of Claim") (Docket #11743, the "Motion"). The City of Detroit filed an objection to the Motion, 1 and Collins filed a reply brief in support of the Motion....
OPINION REGARDING DEBTOR'S TURNOVER MOTION AND SECURED CREDITOR'S CROSS-MOTION Thomas J. Tucker , United States Bankruptcy Judge . I. Introduction This Chapter 11 case is before the Court on two competing motions: (1) the Debtor's motion entitled "First Day Emergency Motion for Order Directing Receiver to Turn Over All Property to Chapter 11 Debtor-in-Possession and Related Relief" (Docket # 8, the "Turnover Motion"); and (2) the motion filed by Debtor's pre-petition secured lender, CAN...
OPINION REGARDING DEBTOR'S POST-PETITION FINANCING MOTION Thomas J. Tucker , United States Bankruptcy Judge . I. Introduction This Chapter 11 case is before the Court on the Debtor's motion under 11 U.S.C. 364(c)(1) and 364(d) for approval of post-petition financing, filed September 5, 2017, entitled "First Day Emergency Motion of the Debtor for Entry of Interim and Final Orders (I) Authorizing Debtor to Obtain Post-Petition Financing, (II) Scheduling a Final Hearing, and (III)...
OPINION GRANTING CONCURRENCE TO MOTION TO DISMISS OF DEFENDANTS DAVID COURTNEY, BRIAN DIETZ, CAROLYN RILEY, FRED VITELLO, AND MICHAEL WEEKS DANIEL S. OPPERMAN , Bankruptcy Judge . The Plaintiff, CMH Liquidating Trust, filed this adversary proceeding on February 27, 2014. Thereafter, Defendants David Courtney, Brian Dietz, Carolyn Riley, Fred Vitello, and Michael Weeks filed their Concurrence to Co-Defendants' Motion for Dismissal Pursuant to Federal Rule of Civil Procedure 12(b)(6) or, in...
OPINION GRANTING CONCURRENCE TO MOTION FOR DISMISSAL OR IN THE ALTERNATIVE MORE DEFINITE STATEMENT OF DEFENDANTS DR. LEIF DAHLEEN AND HOLLY CAMPA DANIEL S. OPPERMAN , Bankruptcy Judge . The Plaintiff, CMH Liquidating Trust, filed this adversary proceeding on February 27, 2014. Thereafter, Defendants Dr. Leif Dahleen and Holly Campa filed their Concurrence to the Motions of Co-Defendants for Dismissal Pursuant to Federal Rule of Procedure 12(b)(6) or in the Alternative Motion for More...
OPINION GRANTING CONCURRENCE TO MOTION FOR DISMISSAL OR IN THE ALTERNATIVE MORE DEFINITE STATEMENT OF DEFENDANT SHARI SCHULT DANIEL S. OPPERMAN , Bankruptcy Judge . The Plaintiff, CMH Liquidating Trust, filed this adversary proceeding on February 27, 2014. Thereafter, Defendant Shari Schult filed her Concurrence to the Motions of Co-Defendants for Dismissal Pursuant to Federal Rule of Procedure 12(b)(6) or in the Alternative Motion for More Definite Statement. That Motion is now before the...
OPINION GRANTING MOTION FOR DISMISSAL OR IN THE ALTERNATIVE MORE DEFINITE STATEMENT OF DEFENDANTS WILLIAM BORGERDING, MARVIN COY, JOHN EVERETT, DONALD WATSON, TIMOTHY M. BURANDT, DAVID ORAM, AND HAL YOST DANIEL S. OPPERMAN , Bankruptcy Judge . The Plaintiff, CMH Liquidating Trust, filed this adversary proceeding on February 27, 2014. Thereafter, Defendants William Borgerding, Marvin Coy, John Everett, Donald Watson, Timothy M. Burandt, David Oram, and Hal Yost filed their Motion for...
OPINION GRANTING MOTION TO DISMISS AND COMPEL ARBITRATION OF DEFENDANT BARBARA CLIFF DANIEL S. OPPERMAN , Bankruptcy Judge . The Plaintiff, CMH Liquidating Trust, filed this adversary proceeding on February 27, 2014, against many Defendants. One Defendant, Barbara Cliff, was the Chief Executive Officer ("CEO") of the Debtor from 2005-2009. In response to the Complaint, she filed her Motion to Dismiss and Compel Arbitration. Because Cliff's relationship with the Debtor is governed by an...
OPINION DENYING MOTION TO DISMISS OF SUSAN ENO AND GRANTING MOTION FOR DISMISSAL OF DEFENDANTS KATHLEEN LIEDER AND JOHN WARD DANIEL S. OPPERMAN , Bankruptcy Judge . The Plaintiff, CMH Liquidating Trust, filed this adversary proceeding on February 27, 2014. Thereafter, Defendants Susan Eno, Kathleen Lieder, and John Ward filed their Motion for Dismissal Pursuant to Federal Rule of Procedure 12(b)(6). That Motion is now before the Court and the Court, being fully advised in the premises,...
