SCRA lawyers in Michigan: who has argued the Act in court

Decisions with counsel of record (3)

• TIA Corp. v. Bridges (In re Bridges)

  United States Bankruptcy Court, W.D. Michigan, March 24, 2018, 583 B.R. 696 (No. Case No. DK 17–04455; Adversary Pro. No. 17–80195)

  • plaintiff: Thomas G. King, Kreis, Enderle, Hudgins & Borsos, PC, Kalamazoo, MI, for Plaintiff.
  • Pro se: Kevin Edward Bridges, pro se.
  • counsel: In the current adversary proceeding, despite proper service,1 the Defendant failed to answer the Plaintiff's complaint, and the Clerk entered a default See Fed R. Civ P. 55(a). As in the first adversary proceeding under § 523(c), the well-pleaded allegations in the current complaint, admitted by default under Fed R. Civ P. 8(b)(6), establish a right to relief under § 523(a)(2), (a)(4), and (a)(6). Accordingly, the Plaintiff filed its Application for Entry of Default Judgment (ECF No. 7, the "Motion") under Fed R. Civ P. 55, together with an Affidavit in Compliance with Servicemembers Civil Relief Act, dated Feb. 5, 2018 (Exh C to the Motion), and other exhibits The Motion in all respects appears ripe for granting , At the hearing, however, the court inquired about the necessity of entering a second declaratory judgment granting relief identical to the first, given the text of § 523(b). Plaintiff's counsel responded that authority from within and without our circuit raised doubts about the efficacy of the first judgment given the filing of the second bankruptcy case He cited Needs v Buxton (In re Buxton) , Slip Op Bankr No. 05-63823, Adv No. 06-6013, 2006 WL 3253163 (Bankr N.D. Ohio Nov. 8, 2006), and Paine v Griffin (In re Paine) , 283 B.R. 33 (9th Cir BAP 2002). Counsel suggested that bankruptcy courts generally give preclusive effect to prior judgments declaring debts non-dischargeable, but he was uncomfortable relying on § 523(b), presumably worried that § 523(c) as applicable in the present case (and the corresponding rule) might require a renewed request to except the Defendant's misconduct-related debts from the chapter 7 discharge See Fed R. Bankr P. 4007(c) (imposing deadline for filing complaint under § 523(c) ).

• Moyer v. Denman (In re Denman)

  United States Bankruptcy Court, W.D. Michigan, March 24, 2017, 565 B.R. 401 (No. Case No. DG 15-00760; Adversary Pro. No. 16-80273)

  • Pro se: Jeff A. Moyer, Wyoming, MI, pro se.
  • Pro se: Sally J. Denman, Stanton, MI, pro se.

• Walters v. Nadell

  Michigan Supreme Court, June 25, 2008, 751 N.W.2d 431 (No. Docket 131479)

  • plaintiff: Miller, Canfield, Paddock and Stone, P.L.C. (by Allyn D. Kantor and Jaclyn Shoshana Levine), and Philip E. Johnson for the plaintiff.
  • defendant: Moblo & Fleming, EC. (by Andrew D. Sugerman), for the defendant.

Other Michigan decisions citing the Act (1)

• Ltc Pamela Joy Lee Johnson Do v. Edgar Johnson III, Michigan Court of Appeals, July 18, 2019

Other states

Alaska (4), Montana (4), New Jersey (4), Oklahoma (4), Vermont (3), Mississippi (3). All 32 states with decisions.