Michigan Bankruptcy Law

In re: Thomas William O'Hara

Grand Rapids, Michigan, bankruptcy lawyer represented the Petitioner seeking a chapter 13 bankruptcy. Thomas O’Hara filed for Chapter 13 bankruptcy. At a hearing on the United States Trustee’s motion to dismiss, the bankruptcy court made clear its intent to convert the case to Chapter 7. But O’Hara did not move to dismiss his Chapter 13 case until after the bankruptcy court had entered i... More...

$ (02-14-2026 - mi)

Joy Sampson v. Flx N Gate Nine Mile, L.L.C.

Detroit, Michigan civil rights lawyers represented Plaintiff who sued Defendant on an employment discrimination theory. On October 16, 2015, Plaintiff-Debtor Nicole Newman ("Plaintiff") filed an adversary complaint against Defendants asserting the following claims: 1) an individual claim for negligence in the attorney-client relationship pursuant to Ohio common law [Adv. Doc. 1, ¶¶ 101-... More...

$0 (08-15-2023 - MI)

United States of America v. Sean Tissue, a/k/a Sean Ryan

Detroit, Michigan criminal defense lawyer represented Defendant charged with perpetrating a $3 million investment and bankruptcy fraud scheme. In February 2023, Sean Tissue, a/k/a Sean Ryan, pleaded guilty to one count of Wire Fraud and one count of Withholding Information in a Bankruptcy Proceeding. During the plea hearing, Tissue acknowledged that his scheme cost investors and creditor... More...

$0 (07-25-2023 - MI)

Danny Lamont Chambers; Dontell Rayvon-Eddie Smith v. Ronald Sanders; City of Detroit, Michigan

Danny Lamont Chambers and Dontell Rayvon-Eddie Smith allege that Detective Ronald Sanders and his employer, the City of Detroit, violated their Fourteenth Amendment right to familial integrity by procuring the wrongful conviction and incarceration of their father, Danny Burton. Even assuming that the plaintiffs have identified a substantive right protected by the Due Process Clause, thei... More...

$0 (04-03-2023 - MI)

Onesource Virtual, Inc. v. Interlogic Outsourcing, Inc. and Primepay, LLC

Grand Rapids, Michigan bankruptcy lawyer represented Petitioner seeking discharge of debts. the plaintiff in the adversary proceeding below, appeals a Judgment of the United States Bankruptcy Court for the Western District of Michigan dismissing the adversary proceeding and the court's accompanying Memorandum of Decision and Order in which the court granted a motion requestin... More...

$0 (04-25-2022 - MI)

Adrian Fowler v. Jocelyn Benson

<center> <img width="300" Src="https://www.mied.uscourts.gov/Images/Slideshow/3.jpg"> </center> This is a case about the constitutionality of Michigan’s driver’s-license suspension scheme, as applied to indigent drivers. Plaintiffs claim that the Michigan Secretary of State’s suspension of an indigent person’s driver’s license, on the basis of unpaid court debt, violates... More...

$0 (05-08-2019 - MI)

Gold Forever Music, Inc. v. United States of America

<center> <img width="300" Src="https://www.mied.uscourts.gov/Images/Slideshow/3.jpg"> </center> The statute of limitations for a wrongful levy action cannot begin until there has been a levy that attaches to the property at issue. In this case, notices of levy in 2012 did not constitute levies on royalties generated after the notices were served. For the reasons set forth below, the st... More...

$0 (04-10-2019 - MI)

In re: B & P Baird Holdings, Inc.

<center> <h1> <a href="https://www.morelaw.com/lawyers/recent.asp" target="_new">MoreLaw Helps People Find Lawyers</a> </h1> </center> This non-core bankruptcy adversary proceeding stems from the wind-up plan of debtor B & P Baird Holdings, Inc. Debtor entered into an asset pu... More...

$0 (01-08-2019 - MI)

Patti Jo Cahoo v. Julie A. McCurtry

<center> <img width="300" src="https://www.mied.uscourts.gov/Images/Slideshow/9.jpg"> </center> Julie McMurtry, Steven Geskey, Shemin Blundell, Dorris Mitchell, Debra Singleton, and Sharon Moffet-Massey (together the “Individual Agency Defendants”) appeal the district court’s decision denying their Motion to Dismiss (“Motion”) based on qualified immunity, in this 42 U.S.... More...

$0 (01-04-2019 - MI)

United States of America v. Jon R. Hartman

After Jon Hartman and Dan Ott co-founded Spectrum Tool & Design, they divvied up management responsibilities. Ott was supposed to handle the company’s payroll taxes, a task that required him to withhold federal taxes from employees’ wages and send the money to the Internal Revenue Service on a regular basis. When Spectrum encountered financial difficulties, however, Ott failed to pay the taxes... More...

$0 (07-26-2018 - MI)

Randy D. Pearce v. Chrysler Group, LLC Pension Plan

Randy Pearce, a long-time employee of Chrysler Group LLC, was a participant in the Chrysler Group LLC Pension Plan (“Plan”). > No. 17-1431 Pearce v. Chrysler Grp. LLC Pension Plan Page 2 Under the Plan’s terms, Pearce had earned an early retirement supplement, called “30-and-Out benefits.” He relied on the Summary Plan Document (“SPD”), provided by Chrysler to Plan partic... More...

$0 (06-26-2018 - MI)

Erick Peoples, et al. v. City of Detroit, Michigan

Plaintiffs-Appellants are eleven minority firefighters who were laid off by the City of Detroit (“City”) in August 2012 as part of a reduction in force (“RIF”). Plaintiffs brought suit against the City and their union, the Detroit Fire Fighters Association, Local 344, IAFF, AFL-CIO (“DFFA”), alleging that they were laid off in violation of Title VII of the Civil Rights Act of 1964, 42 ... More...

$0 (06-16-2018 - MI)

United States of America v. David Louis Vernier

Marquette, MI - Long-Time U.P. Gasoline Vendor Sentenced To Prison For Bankruptcy Fraud David Louis Vernier, age 64, of Ishpeming, was sentenced to 45 months in federal prison followed by 3 years of supervised release for committing bankruptcy fraud. The sentence was imposed by Chief Judge Robert J. Jonker of the U.S. District Court. David Vernier, the father of Brooke ... More...

$0 (04-23-2018 - MI)

Marica R. Meoli v. The Huntington National Bank

In this bankruptcy case, Trustee Marcia Meoli seeks to recover allegedly fraudulent transfers of funds from the now-bankrupt company, Teleservices, to Huntington National Bank. Huntington lent money to, and maintained the deposits of, another company called Cyberco, which had created Teleservices to perpetuate a Ponzi scheme. As a part of the scheme, Cyberco and Teleservices shuttl... More...

$0 (02-12-2017 - MI)

John W. Paterek v. Village of Amanda, Michigan, Ben Delecke

Plaintiffs John (“Paterek”)1 and Cynthia Paterek (“the Patereks”), along with their company Paterek Mold & Engineering, Inc. (“PME”), (collectively “Plaintiffs”), appeal the district court order granting summary judgment in favor of Defendants Ben Delecke, Commissioner of the Village of Armada Planning Commission, and the Village of Armada (collectively “Defendant... More...

$0 (09-08-2015 - MI)

James Calloway v. Caraco Pharmaceuticals Laboratories, Ltd.

Defendant Caraco Pharmaceutical Laboratories, Ltd. (“Caraco”), appeals the district court’s judgment in favor of the plaintiffs, former Caraco employees. No. 14-2526 Calloway v. Caraco Page 2 Following a bench trial, the district court found that Caraco violated the Worker Adjustment and Retraining Notification (“WARN”) Act, 29 U.S.C. §§ 2101–2109, by failing to compl... More...

$0 (08-26-2015 - MI)

In re: Michael James Baker and Suzie Carmen Baker

Michael James Baker and Suzie Carmen Baker, the debtors in this bankruptcy appeal, failed to disclose in their bankruptcy schedules their interest in a cause of action until years after the close of the bankruptcy case. After learning about the cause of action, Douglas S. Ellmann, the bankruptcy trustee, requested that the case be reopened so that he could pursue the cause of actio... More...

$0 (07-02-2015 - MI)

Ihsan Ali Bazzi v. Eric H. Holder, Jr.

Petitioner Ihsan Bazzi, a Lebanese national, seeks review of a Board of Immigration Appeals (BIA) decision dismissing his appeal of an immigration judge's (IJ) order denying his application for adjustment of status and ordering his removal from the United States. Because the decision of the immigration judge is supported by substantial evidence, we deny Bazzi's petition for review. I <br... More...

$0 (02-13-2014 - MI)

National Viatrical, Inc. v. Universal Settlements International, Inc.

Plaintiffs-Appellants National Viatical, Inc. and James Torchia (respectively, "NVIâ€ and "Torchiaâ€) challenge the district court's 1 No. 12-2262 Nat'l Viatical Inc., et al. v. Universal Settlements Int'l, Inc. Page 2 1Specifically, the amount was to be paid in four installments, including a balloon payment at the end of twelve months. ________________... More...

$0 (05-23-2013 - MI)

Thomas J. Alfes v. Educational Credit Management Corporation

Thomas J. Alfes appeals the district-court judgment affirming the bankruptcy court's order granting summary judgment in favor of Educational Credit Management Corporation (ECMC). We AFFIRM. I. Between 1982 and 1997, Alfes took out student loans funded in whole or in part by the Federal Family Education Loan Program (FFELP). Alfes consolidated his student-loan debt and, on the final c... More...

$0 (03-12-2013 - MI)

In re: Chrystal Bouvier Wicker

Derrick Leon Hills, proceeding pro se, appeals the district court's judgment affirming the bankruptcy court's order requiring him to pay penalties and fines for violating various subsections of 11 U.S.C. Â§Â§ 110 and 526. This case has been referred to a panel of the court pursuant to Federal Rule of Appellate Procedure 34(a)(2)(C). Upon examination, this panel unanimously agrees that oral arg... More...

$0 (01-08-2013 - MI)

Michael Stephenson v. Matthew Malloy

Senan Al-Mansoob filed this lawsuit in July 2009. When he instituted Chapter 7 bankruptcy proceedings two months later, he did not list his claims against Defendants Matthew Malloy and Wilburn Archer Trucking, Inc., among his assets. Upon learning of the omission, Defendants sought summary judgment, arguing that Al-Mansoob was judicially estopped from pursuing the claims. Relying on a Sixth Circui... More...

$0 (10-30-2012 - MI)

Osprey-Troy Officentre, LLC v. World Alliance Financial Corp.

When the fourth floor of an office building sat empty during the summer of 2009, the landlord sued the building's prior occupant for breach of a sublease. The landlord lost, prompting this question under Michigan law: May a landlord prevent a tenant and subtenant from terminating their sublease? That dependsâ€”most notably on the language in the underlying contract. The answer under this cont... More...

$0 (10-12-2012 - MI)

Cindy Spohn v. Van Dyke Public Schools

Plaintiff, Cindy Spohn, appeals as of right the trial court's grant of summary disposition based on judicial estoppel in favor of defendants, Van Dyke Public Schools (VDPS), Edie T. Burks, Mark Skrzynski, Donald Colpaert, and Kathleen Spaulding, on Spohn's claim of workplace sexual harassment. We affirm. I. FACTS At the time of the events leading to her workplace sexual harassment cl... More...

$0 (05-08-2012 - MI)

Cindy Spohn v. Van Dyke Public Schools

Plaintiff, Cindy Spohn, appeals as of right the trial court's grant of summary disposition based on judicial estoppel in favor of defendants, Van Dyke Public Schools (VDPS), Edie T. Burks, Mark Skrzynski, Donald Colpaert, and Kathleen Spaulding, on Spohn's claim of workplace sexual harassment. We affirm. I. FACTS At the time of the events leading to her workplace sexual harassm... More...

$0 (05-08-2012 - MI)

Joseph Szyszlo v. Leigh Akowitz

Plaintiff appeals from the trial court's order granting defendants' motions for summary disposition dismissing plaintiff's medical malpractice suit. The trial court found that at the time plaintiff filed suit, the sole party having an interest in the medical malpractice claim was the trustee of plaintiff's bankruptcy estate. Given this finding, the trial court held that plaintiff lacked the legal ... More...

$0 (03-22-2012 - MI)

Auto-Owners Insurance Company v. Mary Lou Fox

Defendant appeals by right the judgment awarding plaintiff $27,530 for overpayment of no-fault work loss benefits. We vacate the judgment and remand for an evidentiary hearing and further proceedings consistent with this opinion. Defendant was injured on February 11, 2005. She received no-fault work loss benefits from plaintiff and disability insurance benefits from another insurer. Plainti... More...

$0 (12-27-2011 - MI)

Estate of Samuel Alexander v. Trillium Hospital

In this action alleging medical malpractice, plaintiff appeals the circuit court's order denying her motion to reinstate the case after the lifting of a bankruptcy stay. We reverse and remand. Plaintiff filed suit against defendants in December 1999. As personal representative of the estate of Samuel Alexander, plaintiff brought this claim alleging medical malpractice after Alexander's deat... More...

$0 (12-27-2011 - MI)

Eugene Stansberry v. Air Wisconsin Airlines Corporation

After being fired, Eugene Stansberry sued his former employer, Air Wisconsin Airlines, alleging "association discriminationâ€ under the Americans with Disabilities Act. While Stansberry is not disabled, his wife suffers from Polyarteritis Nodosa, a rare and debilitating autoimmune disorder. Stansberry asserts that Air Wisconsin terminated him because of unfounded fears that he would be... More...

$0 (07-06-2011 - MI)

Hour Media, L.L.C., v. Brian Schubot

In this action for breach of contract and unjust enrichment, plaintiff, Hour Media, LLC appeals as of right the trial court's order granting summary disposition to defendant, Brian Schubot, pursuant to MCR 2.116(C)(10) and denying its motion for summary disposition under MCR 2.116(I)(2). Because the existence of questions of fact precluded summary disposition in defendant's favor, we reverse and r... More...

$0 (06-09-2011 - MI)

Richard L. Baud v. Krispen S. Carroll

As numerous courts and commentators have noted, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPAâ€) has created many difficult problems of statutory interpretation, none more vexing than those arising from application of the "projected disposable income testâ€ imposed by 11 U.S.C. Â§ 1325(b)(1). Under Â§ 1325(b)(1)(B) of the Bankruptcy Code (the "Co... More...

$0 (02-04-2011 - MI)

David Marsico v. Sears Holding Corporation

Plaintiff David Marsico appeals the district court's grant of summary judgment in favor of Defendant Sears Holding Corporation, formerly known as Kmart Holding Corporation, on his claims of discrimination, in violation of the Age Discrimination Employment Act, 29 U.S.C. Â§Â§ 622 et seq., and the Michigan Elliott-Larsen Civil Rights Act, M.C.L. Â§Â§ 37.2101 et seq. For the reasons that foll... More...

$0 (03-25-2010 - MI)

Raymond L. Geiger v. Tower Automotive

Raymond Geiger appeals the grant of summary judgment to Tower Automotive ("Towerâ€) on his employment discrimination claims pursuant to the Age Discrimination in Employment Act ("ADEAâ€), 29 U.S.C. Â§ 623(a) and Michigan's Elliott-Larsen Civil Rights Act ("ELCRAâ€), Mich. Comp. Laws Â§Â§ 37.2202 et seq. The United States District Court for the Eastern District of Michigan foun... More...

$0 (09-09-2009 - MI)

Securities and Exchange Commission v. Charles C. Conaway

The Securities and Exchange Commission sued former CEO of Kmart Corp. Charles Conaway on a securities fraud theory for allegedly misleading investors about company finances before a bankruptcy filing in 2002. Plaintiff accused Conaway of failing to disclose that Kmart was delaying payments to suppliers to save cash. Conaway denied wrongdoing and claimed that he relied on others for the in... More...

$0 (06-02-2009 - MI)

Satyam Computer Services, Ltd. v. Venture Global Engineering, LLC

Respondent-appellant Venture Global Engineering, LLC ("VGEâ€) appeals the district court's denial of its motion to vacate judgment pursuant to Federal Rules of Civil Procedure ("FRCPâ€) 60(b)(2) and 60(b)(3) and the district court's order holding VGE in civil contempt. VGE sought to vacate the decision of the district court granting a petition by petitioner-appellee Satyam Computer Servi... More...

$0 (04-09-2009 - MI)

Greater Bethesda Healing Springs Ministry v. Evangel Builders & Construction Managers, LLC and Vincent Colber

Defendant, Leslie Upfall, appeals as of right the trial court's order of judgment in favor of Evangel Builders & Construction Managers, LLC, and Vincent Colbert1 and against him, entered after binding arbitration. Because the judgment was properly entered and is consistent with the arbitrator's award, we affirm. Plaintiff initiated this action in relation to a church Evangel was to build fo... More...

$0 (02-10-2009 - MI)

RDM Holdings, Ltd. and Chestnut Properties Company v. Continental Plastics Company and Continental Coatings, LLC

Plaintiffs appeal as of right the trial court's order granting summary disposition in favor of defendants pursuant to MCR 2.116(C)(7) on the basis of res judicata grounded on earlier bankruptcy proceedings conducted under Title 11 of the United States Code, the Bankruptcy Code, and more specifically Chapter 7, 11 USC 701 et seq. (liquidation). Defendants cross appeal, arguing alternative grounds, ... More...

$0 (12-16-2008 - MI)

SEC v. Delphi Corporation, J.T. Battenberg, III, Alan Dawes, Paul Free, John Blahnik, Milan Belans, Catherine Rozanski, Judith Kudla, Scot McDonald, B.N Bahadur, Atul Pasricha, Laura Marion, Stuart Doyle and Kevin Curry, United States District Court for the Eastern District of Michigan, SEC v. Delphi Corporation, et al.

The Securities and Exchange Commission today filed settled financial fraud charges in federal court in Detroit against Delphi Corporation, a Troy, Mich., auto parts supplier. In its complaint, the Commission charges Delphi with engaging in a pattern of fraudulent conduct between 2000 and 2004. The Commission also charges thirteen individuals for their alleged roles in the fraudulent conduct and... More...

$1000000 (11-01-2006 - MI)

<a href="http://www.ca6.uscourts.gov/opinions.pdf/05a0407p-06.pdf" target="_new">In Re: Matthew Adkins</a>

Plaintiff David Ruskin, Standing Chapter 13 Trustee for the Eastern District of Michigan ("Trustee"), appeals the district court's decision in favor of DaimlerChrysler Services North America, L.L.C. ("DaimlerChrysler"), in the Trustee's appeal from a decision of the bankruptcy court. The Chapter 13 debtor, Matthew Adkins, had defaulted on his car payments, and DaimlerChrysler, holder of a c... More...

$0 (10-05-2005 - MI)

<a href="http://courtofappeals.mijud.net/documents/OPINIONS/FINAL/SCT/20040706_S121831_68_phillips4jan04_op.pdf" target="_new">Margaret Phillips, Personal Representative of the Estate of Regeana Diane Hervey, Deceased v. Mirac, Inc.</a>

In this case, we granted leave to appeal to consider whether MCL 257.401(3), which caps the amount of a lessor's liability in motor vehicle leases of thirty days or less, violates plaintiff's rights under the Michigan Constitution to a jury trial,1 equal protection,2 or due process.3 We 1 Const 1963, art 1, § 14. 2 Const 1963, art 1, § 2. 3 Const 1963, art 1, § 17. hold th... More...

$20000 (07-07-2004 - MI)