Determination of Place of Holding Court
U.S. Bankruptcy Court for the Western District of Michigan
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(a) Clerk to Determine Location for Hearings. Unless otherwise ordered by the Court, the Clerk will set the location for all hearings, trials, and other matters based on the county of residence or principal place of business listed on the debtor’s petition. 7 (1) For the following counties, the designated location for holding court is Grand Rapids: Barry Muskegon Ionia Newaygo Kent Oceana Mecosta Ottawa Montcalm (2) For the following counties, the designated location for holding court is Kalamazoo: Allegan Hillsdale Berrien Cass Branch Calhoun St. Joseph Kalamazoo Van Buren (3) For the following counties, the designated location for holding court is Lansing: Clinton Eaton Ingham (4) For the following counties, the designated location for holding court is Traverse City: Antrim Kalkaska Missaukee Benzie Leelanau Osceola Charlevoix Grand Traverse Wexford Emmet Manistee Lake Mason (5) For the following counties, the designated location for holding court is Marquette: All of the counties in the Upper Peninsula of Michigan. (b) Change of Location.
The Court may change the location for holding hearings in a bankruptcy case or adversary proceeding if the change is in the interests of justice or convenient to the parties. A debtor, creditor, or other party in interest may request a change in the location for holding hearings by filing a motion with notice to all interested parties pursuant to LBR 9013. (c) Exception in Pro Bono Cases. Notwithstanding subparagraph (b) of this Rule, an attorney who is affiliated with a pro bono program and who has agreed as part of the program to represent an indigent client before this Court without charge to the client may file a motion and ex parte order transferring the case to the location for holding court which is located nearest the principal office of that attorney.
In ruling on the motion, the Court may consider the indigent party’s ability to retain representation if the transfer request is denied. (1) The Court may issue an order transferring the location for holding court without prior hearing. (2) The Clerk will serve the order on all interested parties with notice and an opportunity to object. If an objection is filed, a hearing will be scheduled at the designated location where the case would normally be assigned absent a request for redesignation.
8 LBR 1017: Funds upon Dismissal or Conversion Upon dismissal or conversion of a Chapter 12 or Chapter 13 case, the trustee shall be permitted to retain funds received in a case and still on hand at the time of dismissal or conversion until such time that the method of payment cannot reasonably be dishonored by the institution upon which the payment was drawn and/or the payor can no longer recall the funds via not-extraordinary means.