Title 11 Of The United States Code
Bankruptcy attorneys will often refer to Title 11 of the United States Code as the Bankruptcy Code. The Bankruptcy Code provides all the laws and regulations that govern bankruptcy courts in the United States.
The Bankruptcy Code is broken into nine chapters. Three of the chapters provide rules governing bankruptcy cases in general. Six of the chapters provide for a filing of petitions under Chapters 7, 9, 11, 12, 13, and 15. For purposes of consumer debtors, Chapter 7 and Chapter 13 constitute the majority of filings.
An experienced bankruptcy attorney can ensure compliance with the applicable laws and procedures in the code. If you are considering filing for bankruptcy, contact us today at 248.237.7979 to schedule a FREE CONSULTATION!
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Us Bankruptcy Court To Shed Light On Detroit Case Timeline
A court hearing on Friday may provide a roadmap for how Detroit’s historic bankruptcy filing will unfold as the judge overseeing the case could set a speedy schedule, appoint a mediator and rule on other matters.
The hearing in U.S. Bankruptcy Court is a key step toward Detroit Emergency Manager Kevyn Orr’s effort to see the city emerge from the largest U.S. municipal bankruptcy filing in history by September 2014. But Detroit must first prove it qualifies to file for bankruptcy and then file a reorganization plan.
U.S. Bankruptcy Judge Steven Rhodes on Tuesday proposed Oct. 23 for the start of a trial on potential objections to Detroit’s eligibility to file for Chapter 9 bankruptcy. Detroit must prove that it is insolvent and that it made a good-faith effort to negotiate with creditors owed more than $18 billion, or that there are too many creditors to make negotiating feasible.
If the court does determine the city qualifies for bankruptcy, Detroit would have until March 1, 2014 to file a reorganization plan, according to Judge Rhodes’ schedule.
That timeline is more ambitious in some areas than the one proposed by Orr after he filed the city’s bankruptcy petition July 18.
“If people don’t agree and become contentious it takes longer,” he said.
Judge Rhodes is also expected on Friday to appoint a federal judge as mediator, a claims and noticing agent, and potentially an independent fee examiner for the case.
Michigan Bankruptcy Court Directory
To determine or confirm the location of a specific meeting or hearing please contact the court directly.
Court Locations:Bay City, Detroit, FlintCounties of Jurisdiction:Alcona, Alpena, Arenac, Bay, Cheboygan, Clare, Crawford, Genesee , Gladwin, Gratiot, Huron, Iosco, Isabella, Jackson, Lapeer, Lenawee, Livingston, Macomb, Midland, Monroe, Montgomery, Oakland, Ogemaw, Oscoda, Otsego, Presque Isle, Roscommon, Saginaw, Saint Clair, Sanilac, Shiawassee, Tuscola, Washtenaw, Wayne
Clerks:211 W. Fort St., 21 st. Floor21st Floor Detroit, MI 48226 234-0068111 1st., P.O. Box 911Bay City, MI 48707
211 W. Fort St., 21st. FloorDetroit, MI 48226211 W. Fort St., Ste. 180021st Floor Detroit, MI 48226 234-0020211 W. Fort St., Ste. 195021st Floor Detroit, MI 48226 234-0040
Court Locations:Grand Rapids, Kalamazoo, Lansing, Marquette, Traverse CityCounties of Jurisdiction:Alger, Allegan, Antrim, Baraga, Barry, Benzie, Berrien, Branch, Calhoun, Cass, Charlevoix, Chippewa, Clinton, Delta, Dickinson, Eaton, Emmet, Gogebic, Grand Traverse, Hillsdale, Houghton, Ingham, Ionia, Iron, Kalamazoo, Kalkaska, Kent, Keweenaw, Lake, Leelanau, Luce, Mackinac, Manistee, Marquette, Mason, Mecosta, Menominee, Missaukee, Montcalm, Muskegon, Newaygo, Oceana, Ontonagon, Osceola, Ottawa, Saint Joseph, Schoolcraft, Van Buren, Wexford
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Detroit Bankruptcy Court Refuses Stay Of Chapter 9 Eligibility Hearing Under Stern V Marshall
On September 26, 2013, Judge Steven W. Rhodes of the U.S. Bankruptcy Court for the Eastern District of Michigan denied the Official Committee of Retirees motion to stay all eligibility proceedings pending its motion to withdraw the reference. In re City of Detroit, Michigan, Case No. 13-53846, ECF No. 1039 .1 Notably, the Court refused to accept the Committees broad interpretation of Stern v. Marshall, properly applied a traditional injunction test to the Committees stay motion, and confirmed that a bankruptcy court has the power to decide issues of state law.
In considering a motion for a stay under Rule 5011 of the Federal Rules of Bankruptcy Procedure, courts consider traditional injunctive relief factors, including whether the party is likely to prevail on the merits of the withdrawal motion the party is likely to suffer irreparable harm if the motion is denied the debtor will not be harmed by a stay and the public interest will be served by granting a stay. FDIC v. Imperial Capital Bancorp, Inc., 2011 WL 5600542, at *1 .
Bankruptcy Court Confirms Liquidation Plan For Ecd And United Solar
AUBURN HILLS — Energy Conversion Devices Inc. and its subsidiary United Solar Ovonic LLC last week announced that the United States Bankruptcy Court for the Eastern District of Michigan has confirmed its Second Amended Joint Plan of Liquidation.
The confirmation order is expected to become final Aug. 14, assuming no appeals of the order before that time, at which time, the plan will be effective.
The plan obtained overwhelming support from all classes of voting creditors. It provides for the treatment of claims against ECD and USO and equity interests in ECD.
ECD and USO have completed sales of substantially all of their machinery, equipment, and inventory and are in the process of conducting sales of their intellectual property, real estate holdings, interest in Ovonyx, Inc. and other miscellaneous assets.
The plan provides for a liquidation trust to complete the liquidation, wind-up the affairs of ECD and USO, and to distribute the cash to creditors of each company on a consolidated basis.
The plan also establishes a warranty trust to settle warranty claims.
The liquidation trust and warranty trust will be managed by an oversight committee comprised of selected unsecured creditors. On the effective date of the plan, all equity interests in ECD will be cancelled.
ECD and USO were represented by Honigman Miller Schwartz and Cohn LLP in the chapter 11 cases and their financial advisor was AlixPartners LLP.
First published on August 5, 2012 / 1:38 PM
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Series Title List Michigan
U.S. District Court for the District of Michigan. 7/11/1836-2/24/1863
Series: Bankruptcy Act of 1841 Case Files, 1842-1844, Textual National Archives Identifier: 12465630
U.S. District Court for the Eastern District of Michigan. 2/24/1863-4/30/1894
Series: Bankruptcy Act of 1867 Case Files, 1867-1884, Textual National Archives Identifier: 12438638
U.S. District Court for the Northern Division of the Eastern District of Michigan. 4/30/1894-
Series: Bankruptcy Act of 1898 Case Files, 1898-1947, Textual National Archives Identifier: 579881
Series: Historical Bankruptcy Case Files, 1947-1947, Textual National Archives Identifier: 93210155
U.S. District Court for the Northern Division of the Eastern District of Michigan. 2/10/1954-
Series: Historical Bankruptcy Case Files, 1969-1976, Textual National Archives Identifier: 7454393
U.S. District Court for the Northern Division of the Western District of Michigan. 6/19/1878-
Series: Bankruptcy Act of 1898 Case Files, 1910-1945, Textual National Archives Identifier: 581488
U.S. District Court for the Southern Division of the Eastern District of Michigan. 4/30/1894-
Series: Bankruptcy Act of 1898 Case Files, 1898-1976, Textual National Archives Identifier: 579104
Series: Bankruptcy Act of 1898 Referee’s Case Files, 1903-1938, Textual National Archives Identifier: 74613367
Series: Financial Reports of Referees, 1923-1941, Textual National Archives Identifier: 74259406
United States District Court For The Eastern District Of Michigan
|United States District Court for the Eastern District of Michigan|
The United States District Court for the Eastern District of Michigan is the federal district court with jurisdiction over of the eastern half of the Lower Peninsula of the State of Michigan. The Court is based in Detroit, with courthouses also located in Ann Arbor, Bay City, Flint, and Port Huron. The United States Court of Appeals for the Sixth Circuit has appellate jurisdiction over the court .
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Detroit May Ask Bankruptcy Court To Counter Pension Fund Action
Detroit plans to ask the federal bankruptcy court to intervene in pension fund actions that will add to budget strains when post-Chapter 9 contributions resume in 2024.
Legacy pension contributions came to a halt as part of the citys restructuring plan that allowed the city to exit bankruptcy in December 2014.
The fiscal 2024 resumption of annual contributions looms large over Detroits post-COVID-19 recovery and the city has socked away funds in a special account called the Retiree Protection Fund to help cushion the impact on its general fund.
The citys police and fire pension fund threw a wrench in planning last year when it changed the amortization schedule to 20 years from 30 years for legacy unfunded liabilities. Shifting to the 20-year amortization forces the city to dig more deeply into the RPF, exhausting it more quickly.
We definitely will go back to bankruptcy court, Detroit Mayor Mike Duggan told council members when the issue came up during the presentation Monday of his proposed $2.45 billion budget for fiscal 2023.
Pension fund stakeholders agreed to the 30-year amortization schedule during negotiations mediated by now retired U.S. District Court Chief Judge Gerald Rosen, Duggan said. The bankruptcy was overseen by now retired U.S. Bankruptcy Judge Steven Rhodes.
Going forward, the projections could range from $130 million to $200 million.
Grand Bargain contributions to the RPF end in fiscal 2035.
List Of Former Judges
Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve unless the circuit justice is also on the panel. Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the circuit judges. To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge. A vacancy is filled by the judge highest in seniority among the group of qualified judges. The chief judge serves for a term of seven years or until age 70, whichever occurs first. The age restrictions are waived if no members of the court would otherwise be qualified for the position.
When the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire on what has since 1958 been known as or declined to serve as chief judge. After August 6, 1959, judges could not become or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.
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Detroit Bankruptcy Court Parking
Most of my clients tell me that finding a free place to park can be difficult in downtown Detroit, but not impossible, except perhaps during the middle part of January when the auto show is at Cobo. Most of my clients either find an open parking meter or park at the Washington Street garage right across the street from the Detroit bankruptcy court. If you are unfamiliar with downtown, be sure to leave early to give you plenty of time to get situated before your hearing. My office located in the Penobscot building has a valet service that presently charges just $10 per day. Many bankruptcy attorneys park with Handy Parking located just one-block north of the bankruptcy court on the corner of Washington and West Lafayette Blvd. which is a bit less expensive than the covered parking structures.
City Of Detroit Bankruptcy Filing
City of Detroit, Michigan
On Thursday, July 18, 2013 the City of Detroit filed a petition seeking bankruptcy protection and the adjustment of debts under chapter 9 of the United States Bankruptcy Code. The petition was filed in the United States Bankruptcy Court for the Eastern District of Michigan, Southern Division, and was assigned case number 13-53846.
The Chief Judge of the Court of Appeals for the Sixth Circuit will designate the bankruptcy judge to conduct the chapter 9 case pursuant to 11 U.S.C. §921. Upon receipt of the order of designation, the judge will be assigned to the City of Detroit bankruptcy case and the name of the assigned judge will be posted on the courts web site.
Copies of the City of Detroit bankruptcy petition, as well as other documents filed in the case, can be obtained through the Public Access to Court Electronic Records system. PACER is the federal judiciarys electronic public access service that allows users to obtain case and docket information from the bankruptcy court via the Internet. Anyone seeking access to PACER must register with the PACER service Center at: . A fee of 10 cents per page is charged for electronic access to court data via PACER. You will not be able to obtain documents by calling the Bankruptcy Court directly.
Rod Hansen, Media Information Officer can be contacted through e-mail at .
United States Court Of Appeals For The Sixth Circuit
|United States Court of Appeals for the Sixth Circuit|
The court is composed of sixteen judges and is based at the in . It is one of 13 .
, the only person ever to serve as both and , once served on the Sixth Circuit. Four other judges of the Sixth Circuit have been elevated to serve on the Supreme Court.
What Happens At The Bankruptcy Court Date Or 341 Meeting Of Creditors
The Chapter 7 trustees job at the hearing is to determine if you have any assets that are not exempt , sell them to generate cash to pay your creditors.
First of all keep in mind that the bankruptcy meeting of creditors is a relatively simple matter and should be nothing to lose sleep over. The Chapter 7 trustees job at the hearing is to determine if you have any assets that are not exempt , sell them to generate cash to pay your creditors. The Chapter 13 Trustee will do an initial check at this hearing and look over your paperwork as well as question your to be sure that you are paying what the law requires you pay back to your creditors in your payment plan. The Detroit bankruptcy trustees are professional and fair and are simply doing their jobs. The typical hearing lasts about five minutes and as long as you are truthful and accurate in your testimony, you have nothing to be afraid of. The trustees generally ask the same questions at Detroit .341 bankruptcy hearings. Your attorney will attend the hearing with you and prepare you beforehand. Nearly every one of my clients walks out of the hearing with me and says something like Wow, that was easier than I though it would be. Why did I get so worked up about it? For more information on what happens at a Chapter 7 bankruptcy hearing see my blog post on the Role of Chapter 7 Bankruptcy Trustees in Michigan. For further reading about the bankruptcy Courts in Michigan, see my post What is the Bankruptcy Court?
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United States Bankruptcy Court Middle District Of Alabama
The United States bankruptcy court, Middle District of Alabama is the in that is associated with the .
Court proceedings are typically held in the federal court building in Montgomery, Alabama. Opelika, Alabama is an occasional alternative court location.
The Middle District of Alabama serves Autauga, Barbour, Bullock, Butler, Chilton, Coosa, Covington, Crenshaw, Elmore, Lowndes, Montgomery, and Pike counties.
Motions Briefs And Other Papers
The Court finds that it is in the best interest of the public, the parties in interest, the Court, and the Clerk of Court, that some documents and audio files be made available through the Courts web site. Documents in this case that are not made available through this web site are available at the Court for viewing from a public terminal or printed for a fee. Documents and audio files that are not made available through the web site are also available through PACER, a national electronic federal court case database, as well as this Courts Case Management/Electronic Case Filing database. Information about PACER and CM/ECF may be obtained from the Courts web site on the main page.
Response to : 11178 Order To Set Hearing, 11545 Status Conference Report) Filed by Creditor Colasanti Construction Services, Inc.
Stipulation By and Between The City of Detroit and Danny Crowell, Leota Murphy and Jasmine Crowell Re: Resolution of Motion for Relief From Order Dated August 2, 2016 Under Bankruptcy Rule 9024 and 3008 . Filed by Debtor In Possession City of Detroit, Michigan.
Response to : 11535 Motion to Enforce Motion to Enforce Settlement Agreement and Order, Pursuant to Sections 105 and 502 of the Bankruptcy Code, Approving Alternative Dispute Resolution Procedures to Promote the Liquidation of Certain Prepetition Claims Against Tammy) Filed by Creditor Shelton Bell Jr.
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Eastern District Of Michigan
UNITED STATES ATTORNEYS OFFICE EASTERN DISTRICT OF MICHIGAN
Welcome to the U.S. Attorneys Office for the Eastern District of Michigan, which encompasses 6.5 million people in the Eastern half of Michigans lower peninsula. Our jurisdiction consists of 34 counties, stretching from the Ohio border north to the Mackinac Bridge, and from mid-Michigan east to Canada.
The United States Attorney for the Eastern District of Michigan is the Chief Federal Law Enforcement Officer in the District. The U.S. Attorney, Dawn Ison, is one of 93 U.S. Attorneys appointed by the President and confirmed by the United States Senate. The office prosecutes cases involving violations of federals laws and represents the interests of the United States government and its agencies in criminal and civil matters. Our office also enforces federal civil rights to uphold the civil and constitutional rights of all persons in the United States, particularly some of the most vulnerable members of our society.
The main U.S. Attorney’s Office is in Detroit, with primary branch offices in Flint and Bay City. The office employs approximately 120 Assistant United States Attorneys and 135 support staff.
The office’s annual budget is approximately $25 million. Through forfeitures and affirmative civil settlements, the office regularly brings in over $100 million annually for the United States, which is turned over to taxpayers and crime victims.