Construction and Application of 28 U.S.C.A. § 1412 Allowing Transfer of Bankruptcy Case or Proceeding in Interest of Justice or for Convenience of Parties A litigant may seek to have the bankruptcy case itself or a proceeding under the Bankruptcy Code (Title 11) transferred to another forum in the interest of justice or for the…
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Prepetition Conduct by Debtor as Constituting “For Cause” Under 11 U.S.C.A. § 707(a) Permitting Dismissal of Chapter 7 Bankruptcy Petition
Prepetition Conduct by Debtor as Constituting “For Cause” Under 11 U.S.C.A. § 707(a) Permitting Dismissal of Chapter 7 Bankruptcy Petition A Chapter 7 bankruptcy case may be dismissed generally only for cause under 11 U.S.C.A. § 707(a). The question of what constitutes “cause” has often been litigated, especially with regard to a debtor’s alleged “bad…
Retired Detroit Police and Fire Fighters Association (the “RDPFFA”) files Motion for Enforcement of Settlement and Eighth Amended Plan of Adjustment
In re City of Detroit, Michigan United States Bankruptcy Court, E.D. Michigan, Southern Division. June 26, 2015 Slip Copy 2015 WL 3941240 This case is before the Court on a motion filed by the Retired Detroit Police and Fire Fighters Association (the “RDPFFA”), entitled “Motion for Enforcement of Settlement and Eighth Amended Plan of Adjustment,” (Docket # 9414, the…
Fraudulent transfer adversary proceeding goes awray
In re Kesteloot United States Bankruptcy Court, E.D. Michigan, Southern Division. June 30, 2015 Slip Copy 2015 WL 4040190 This is a. In the midst of a divorce, Debtor and his wife, Corrinne Smorra–Kesteloot (“Smorra”), stipulated to an order that Debtor’s 2012 employee bonus would be used to retire their credit card debt.
Debtor failed to plausibly state claim for violation of FDCPA’s prohibition on false, deceptive, or misleading representations.
In re Perkins United States Bankruptcy Court, W.D. Michigan. July 08, 2015 533 B.R. 242 2015 WL 4312313, Debtor failed to plausibly state claim for violation of FDCPA’s prohibition on false, deceptive, or misleading representations.
Bankruptcy Estate. Debtor was entitled to ”tenancy by the entireties” exemption, despite postpetition death of co-tenant.
In re Hamacher United States Bankruptcy Court, E.D. Michigan, Southern Division. July 27, 2015 — B.R. —- 2015 WL 4555374 BANKRUPTCY -Bankruptcy Estate. Debtor was entitled to ”tenancy by the entireties” exemption, despite postpetition death of co-tenant.
Debtor was entitled to ”tenancy by the entireties” exemption, despite postpetition death of co-tenant.
In re Hamacher United States Bankruptcy Court, E.D. Michigan, Southern Division. July 27, 2015 — B.R. —- 2015 WL 4555374 BANKRUPTCY – Bankruptcy Estate. Debtor was entitled to ”tenancy by the entireties” exemption, despite postpetition death of co-tenant.