Legal Opinion

In re Alan

United States Bankruptcy Court, W.D. Michigan

Decided June 23, 2015No. Case No. BG 15-01567Published

1Opinion of the Court

OPINION DENYING CREDITORS’ MOTIONS TO DISMISS CHAPTER 12 CASE

James W. Boyd, United States Bankruptcy Judge

I. INTRODUCTION AND ISSUE PRESENTED.

Craig and Lynda Herremans (the “Debtors”) filed their first chapter 12 case in August of 2013. After defaulting under the terms of their confirmed chapter 12 plan, they voluntarily dismissed that case, then re-filed the present case thirteen days later. Secured creditors American Farm Mortgage Company (“AFM”) and Chemical Bank1 (“Chemical” or collectively with AFM, the “Creditors”) filed motions to dismiss this chapter 12 case, arguing that the Debtors…

2Cases cited15 opinions

  1. Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
  2. In Re Victoria Johnston Laurain, Debtor. David G. Rogers, Trustee v. Victoria Johnston LaurainCourt of Appeals for the Sixth Circuit · 1997
  3. Bell v. ThompsonSupreme Court of the United States · 2005
  4. Volvo Commercial Finance LLC the Americas v. Gasel Transportation Lines, Inc. (In Re Gasel Transportation Lines, Inc.)Bankruptcy Appellate Panel of the Sixth Circuit · 2005
  5. Andersson v. Security Federal Savings & Loan (In Re Andersson)Bankruptcy Appellate Panel of the Sixth Circuit · 1997

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