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Archives for December 2011

Business debtor can’t hire lawyer once Ch. 11 Trustee appointed

Moohaven Dairy LLC filed bankruptcy in the Eastern District of MI, Northern Division, requesting legal representation from Attorney Dale Cubitt. The primary secured creditor Bank of America was granted relief from automatic stay, which permitted them to get an Order against non-debtors in the County Circuit Court. Under 11 U.S.C. Sec. 327 the Bankruptcy Court…

6th Circuit forces entireties property sale to satisfy tax debt of singular spouse

On an Appeal made by Defendant Deborah Barczyk, the 6th Circuit Opinion is that the District Court for the Eastern District (MI) has authority, to order a foreclosure and sale of entireties property having attached Federal tax liens. The delinquent tax debt in the instant matter belonged solely to Defendant Barczyk’s spouse. Noting it was…

Court cites Baud as a precedent in Tobias decision. Agrees SSI is not disposable income.

Tobias was a Court decision made in the Eastern District of MI, Southern Division.  In making the Tobias opinion, the Court specifically requested briefs from parties on Baud and the impact of it on the present case’s Confirmation. Leading up to this decision the 13 Trustee hadn’t filed any formal objection, but refused to approve…

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