OPINION AFTER TRIAL SCOTT W. DALES, Chief Judge. I. INTRODUCTION Chapter 7 debtor Nicolas Warner (the "Plaintiff" or "Dr. Warner") sued his student loan lenders, the United States Department of Education (the "Department"), National Collegiate Student Loan Trust 2003-1, 2005-3, 2004-2, 2006-2, 2006-3, National Collegiate Master Student Loan Trust-1 (collectively "NCT"), and Bank of America (the "Bank"), to obtain a judgment declaring that approximately $432,000.00 in student loans should...
OPINION AND ORDER SCOTT W. DALES, Chief Judge. Darcy Hager (the "Debtor") filed a chapter 7 bankruptcy petition with this court on December 23, 2009 when, like many debtors, she was still embroiled in litigation with a former spouse. Attorney Lawrence Newmeyer was representing the Debtor in connection with the family court matter and had a claim against her for prepetition legal services. During the bankruptcy proceeding he continued to represent her and she incurred legal fees for which she...
OPINION AND ORDER AFTER TRIAL SCOTT W. DALES, Chief Judge. I. INTRODUCTION Marcia R. Meoli, as chapter 7 trustee for the bankruptcy estate of Shawn C. Allen (the "Debtor"), sued the Debtor's former wife, Tamara Cooper, to avoid and recover specific transfers the Debtor made to Ms. Cooper pursuant to a judgment of divorce (the "JOD"). Ms. Meoli (the "Trustee" or "Plaintiff) seeks avoidance of the transfers under state and federal fraudulent conveyance laws. The following constitutes the...
OPINION AND ORDER AFTER TRIAL SCOTT W. DALES, Bankruptcy Judge. I. INTRODUCTION Matthew P. Vestal, the pro se defendant in this adversary proceeding (the "Defendant"), filed a voluntary petition for bankruptcy relief under chapter 7 on June 4, 2012. On October 1, 2012, Robert Shears (the "Plaintiff"), timely filed an adversary proceeding objecting to the discharge of his claim against the Defendant for an alleged violation of the Michigan Building Contract Fund Act ("MBCFA"), M.C.L....
OPINION AND ORDER SCOTT W. DALES, Bankruptcy Judge. I. INTRODUCTION Under chapter 5 of the Bankruptcy Code, avoidance and recovery are separate remedies available to a bankruptcy trustee, found in separate sections, with different purposes, discrete elements of proof, and distinct limitation periods. The present motion for partial summary judgment puts the distinction between avoidance and recovery to the test. To resolve it, the court must decide whether subsequent transferees who...
