Legal Opinion

In Re Joseph

United States Bankruptcy Court, E.D. Michigan

Decided May 12, 2011No. 19-40728PublishedCited by 2 opinions

1Opinion of the Court

OPINION REGARDING DEBTORS’ MOTION TO ENFORCE TERMS OF DECEMBER 21, 2010 ORDER AND FOR COSTS

THOMAS J. TUCKER, Bankruptcy Judge.

The Chapter 7 Trustee in this case sold the Debtors’ home. Before Debtors moved out, they removed several items, including window blinds, drapes, a refrigerator, a dishwasher, a doorbell, and a mailbox. The Court must decide whether the missing items were fixtures under Michigan law, and therefore part of the real estate that the Trustee sold, or whether they were exempt personal property that the Debtors had a right to remove. In this opinion, the Court concludes that…

2Cases cited16 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Morris v. AlexanderMichigan Supreme Court · 1919
  3. In Re Slum Clearance Between Hastings, De Quindre, Mullett Streets and Gratiot AvenueMichigan Supreme Court · 1952
  4. Michigan National Bank v. City of LansingMichigan Court of Appeals · 1980
  5. Premonstratensian Fathers v. Badger Mutual InsuranceWisconsin Supreme Court · 1970

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3Cited by2 opinions

  1. Motors Liquidation Co. Avoidance Action Trust ex rel. Wilmington Trust Co. v. JPMorgan Chase Bank, N.A. (In re Motors Liquidation Co.)United States Bankruptcy Court, S.D. New York · 2017
  2. The Town Residences LLC v. T-Mobile US, Inc.District Court, E.D. Michigan · 2026

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