United States Bankruptcy Court, E.D. Michigan, 2024

Shefa, LLC

Shefa, LLC
United States Bankruptcy Court, E.D. Michigan · Decided November 18, 2024
Shefa, LLC

Trial Court Opinion

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: Case No. 23-40908 SHEFA, LLC, Chapter 7 Debtor. Judge Thomas J. Tucker / ORDER REQUIRING THE CITY OF SOUTHFIELD TO FILE A SUPPLEMENT TO ITS RESPONSE TO CREDITOR SAADIA ELHADAD’S OBJECTION TO PROOF OF CLAIM NO. 2 This case came before the Court for hearings on September 18, 2024 and November 13, 2024, on the objection to claim filed by the creditor Saadia Elhadad (the “Creditor”), entitled “Objection to Proof of Claim 2 of City of Southfield, Michigan” (Docket # 128, the “Claim Objection”). Counsel for the Creditor and counsel for the City of Southfield (the “City”) appeared at both hearings. Counsel for the Chapter 7 Trustee appeared at the November 13, 2024 hearing. At the end of that hearing, the Court took the Claim Objection under advisement.

To facilitate the Court’s consideration of the Claim Objection, and as the Court indicated it might do during the November 13, 2024 hearing, the Court now will require the City to file a supplement to its response to the Claim Objection.

IT IS ORDERED that no later than November 21, 2024, the City must file a supplement to its response to the Claim Objection, which contains copies of certain of the papers filed in the case of City of Southfield, Michigan v. Shefa, LLC, Case No. 2019-175286 (Oakland County, Michigan Circuit Court), and one of the papers filed in the City’s appeal to the Michigan Court of Appeals: namely, all of the papers that the Court has highlighted in yellow in the attached copy of the dockets from the foregoing cases (not including any exhibits).

Signed on November 18,2024 & = /s/ Thomas J. Tucker 3 = Thomas J. Tucker <n United States Bankruptcy Judge  Search  Clerk  Circuit  Probate  Disclaimers Court Explorer Register of Actions Go Back Print Case Number 2019-175286-CZ Entitlement SOUTHFIELD CITY vs. SHEFA Judge Name YASMINE I. POLES Case E-Filed YES Case Filed 07/17/2019 Case Disposed 09/12/2019 Date Code Desc 02/01/2023 MPS MIFILE PROOF OF SERVICE FILED 02/01/2023 MPS MIFILE PROOF OF SERVICE FILED 02/01/2023 CVB BANKRUPTCY 02/01/2023 ORD ORDER FILED BANKRUPTCY STAY 01/30/2023 MPS MIFILE PROOF OF SERVICE FILED Date Code Desc 01/30/2023 BRF BRIEF FILED RES TO MTN MODIFY ORD APPT RECEIVER/D 01/30/2023 MPS MIFILE PROOF OF SERVICE FILED 01/30/2023 REP REPLY FILED TO RES BRF TO MTN MODIFICATION/POS/PL 01/30/2023 MPS MIFILE PROOF OF SERVICE FILED 01/30/2023 MEM MEMORANDUM FILED OF LAW STRIKE PLF REP BRF/DFT 01/25/2023 MPR MOTION PRAECIPE FILED FOR 02012023 JUDGE 11 01/25/2023 MTN MOTION FILED MOD ORD APPT RECVR/NOH/POS/PLF 01/25/2023 MPS MIFILE PROOF OF SERVICE FILED 01/24/2023 ORD ORDER FILED GRANT MTN APPNT RECVR 01/24/2023 MPS MIFILE PROOF OF SERVICE FILED 01/24/2023 NOH NOTICE OF HEARING FILED /POS 01/17/2023 ORD ORDER FILED GRT MTN FOR LEAVE TO FILE AMD CMPLT 01/17/2023 ORD ORDER FILED GRT MTN APPT RECEIVER 01/17/2023 MPS MIFILE PROOF OF SERVICE FILED 01/17/2023 OBJ OBJECTION FILED TO PLF PROP ORD/POS/NOH/DFT 01/17/2023 ORD ORDER FILED STRIKE ORD RE RECEIVER 01/17/2023 MPR MOTION PRAECIPE FILED FOR 01252023 JUDGE 11 01/17/2023 MPS MIFILE PROOF OF SERVICE FILED Date Code Desc 01/17/2023 AMC AMENDED COMPLAINT FILED /PLF 01/10/2023 MPS MIFILE PROOF OF SERVICE FILED 01/10/2023 POS AFFIDAVIT/PROOF OF SERVICE FILED 01/10/2023 NTC NOTICE FILED 7 DAY/POR 01/06/2023 POS AFFIDAVIT/PROOF OF SERVICE FILED 01/06/2023 MPS MIFILE PROOF OF SERVICE FILED 01/06/2023 NTC NOTICE FILED 7 DAY/POR 01/04/2023 OTH ZOOM VIDEO APPEARANCE 01/04/2023 M MOTION AMEND COMPLAINT - GRANTED 01/04/2023 M MOTION APPOINT RECEIVER - GRANTED 01/03/2023 OTH SUPPLEMENT TO RENEWED MTN APPT RECEIVER FILED 01/03/2023 MPS MIFILE PROOF OF SERVICE FILED 12/29/2022 BRF BRIEF FILED /RES/MTN LV AMD CMPLT/POS/SHEFA 12/29/2022 MPS MIFILE PROOF OF SERVICE FILED 12/29/2022 BRF BRIEF FILED /RES/RENEW MTN APPT RECVR/POS/SHEFA 12/22/2022 MPR MOTION PRAECIPE FILED FOR 01042023 JUDGE 11 12/22/2022 MPR MOTION PRAECIPE FILED FOR 01042023 JUDGE 11 12/05/2022 MPS MIFILE PROOF OF SERVICE FILED Date Code Desc 12/05/2022 MTN MOTION FILED APPT RECVR/BRF/NOH/PLF 12/05/2022 MPS MIFILE PROOF OF SERVICE FILED 12/05/2022 NOH NOTICE OF HEARING FILED /POS 12/01/2022 MPS MIFILE PROOF OF SERVICE FILED 12/01/2022 MTN MOTION FILED FILE 1ST AMD CMPLT/NOH/CITY STHFLD 07/01/2022 ORD ORDER FILED SUP CT 07/01/2022 ORD ORDER FILED SUP CT 03/24/2022 MPS MIFILE PROOF OF SERVICE FILED 03/24/2022 NTC NOTICE FILED APPLICATION LV FILE APPEAL TO SUPREM 02/10/2022 ORD ORDER FILED COA 01/02/2021 OJR CASE REASSIGNED FROM JUDGE JARBOU TO JUDGE POL 11/19/2020 SEN SENT TO COA/FTP/JM 11/09/2020 NTC NOTICE FILED REQ FOR FILE COA 01/31/2020 MPS MIFILE PROOF OF SERVICE FILED 01/31/2020 NTC NOTICE FILED FILING TRANSCRIPT 01/31/2020 TRN TRANSCRIPT FILED MTN/08/21/19 01/06/2020 TRN TRANSCRIPT FILED MTN 9/11/19 01/06/2020 MPS MIFILE PROOF OF SERVICE FILED Date Code Desc 01/06/2020 NTC NOTICE FILED FILING TRN/POS 11/05/2019 MPS MIFILE PROOF OF SERVICE FILED 11/05/2019 CCR CERTIF CT REPORTER FILED 10/09/2019 CCR CERTIF CT REPORTER FILED 10/09/2019 MPS MIFILE PROOF OF SERVICE FILED 10/02/2019 MPS MIFILE PROOF OF SERVICE FILED 10/02/2019 CA CLAIM OF APPEAL FILED PLF 09/12/2019 FDS FINAL DISP-SUMMARY DISP 09/12/2019 OPN OPINION FILED ORD GRANT DFT MTN SUM DISP 09/11/2019 DM DEFENSE MOTION SD AND SANCTIONS-TUA 09/04/2019 MPS MIFILE PROOF OF SERVICE FILED 09/04/2019 REP REPLY FILED TO RES TO MTN FOR SUM DISP/POS/DFT 08/28/2019 MPS MIFILE PROOF OF SERVICE FILED 08/28/2019 BRF BRIEF FILED OPP MTN SUM DISP/SOUTHFIELD 08/28/2019 BRF BRIEF FILED OPP MTN SUM DISP/SOUTHFIELD 08/23/2019 ORD ORDER FILED DENY PLF MTN RECONSID 08/22/2019 MPS MIFILE PROOF OF SERVICE FILED 08/22/2019 MTN MOTION FILED FOR RECON/BRF/POS/PLF Date Code Desc 08/21/2019 ORD ORDER FILED DISMISS ELBAZ BLDG 08/21/2019 M MOTION APPT RECEIVER-TUA 08/21/2019 SO SCHEDULING ORDER FILED DENY MTN APPNT RECEIVER 08/20/2019 MPS MIFILE PROOF OF SERVICE FILED 08/20/2019 DIS DISMISSAL GRANTED AS TO ELBAZ ONLY 08/19/2019 MPS MIFILE PROOF OF SERVICE FILED 08/15/2019 BRF BRIEF FILED TO MTN APPNT RECEIVER/POS/DFT 08/15/2019 MPS MIFILE PROOF OF SERVICE FILED 08/14/2019 MPS MIFILE PROOF OF SERVICE FILED 08/14/2019 MPR MOTION PRAECIPE FILED FOR 09112019 JUDGE 11 08/14/2019 MTN MOTION FILED SUM DISP/SANCTIONS/BRF/DFT 08/14/2019 SO SCHEDULING ORDER FILED MTN SUM DISP BRF 08/02/2019 APP APPEARANCE FILED /POS/SHEFA 08/02/2019 MPS MIFILE PROOF OF SERVICE FILED 08/01/2019 MPS MIFILE PROOF OF SERVICE FILED 08/01/2019 NOH NOTICE OF HEARING FILED 08/01/2019 MPR MOTION PRAECIPE FILED FOR 08212019 JUDGE 11 07/31/2019 MPR MOTION PRAECIPE FILED FOR 08072019 JUDGE 11 Date Code Desc 07/31/2019 MPS MIFILE PROOF OF SERVICE FILED 07/31/2019 MTN MOTION FILED APPOINT RECEIVER/NOH/PLF 07/30/2019 MPS MIFILE PROOF OF SERVICE FILED 07/30/2019 SUM P/S ON SUMMONS FILED 07/24/19 07/25/2019 REA ORDER FILED REASSIGNING /ALEXANDER 07/24/2019 OPN OPINION FILED & ORD RMV CASE FROM BUSINESS COUR 07/24/2019 MPS MIFILE PROOF OF SERVICE FILED 07/24/2019 SUM P/S ON SUMMONS FILED 07/24/19 07/24/2019 SUM P/S ON SUMMONS FILED 07/24/19 07/24/2019 CTC ORD CHNG CASE TYPE FILED CB 07/22/2019 MPS MIFILE PROOF OF SERVICE FILED 07/22/2019 MTN MOTION FILED APPOINT RECVR/BRF/NOH/PLF 07/22/2019 MPR MOTION PRAECIPE FILED FOR 07312019 JUDGE 02 07/17/2019 C COMPLAINT FILED /NTC ASSIGN BUS CT 07/17/2019 NTC NOTICE FILED OF LIS PENDENS 07/17/2019 MPS MIFILE PROOF OF SERVICE FILED 07/17/2019 SI SUMMONS ISSUED 07/17/2019 SI SUMMONS ISSUED Date Code Desc 07/17/2019 SI SUMMONS ISSUED 07/17/2019 MPS MIFILE PROOF OF SERVICE FILED Showing 1 to 115 of 115 records CITY OF SOUTHFIELD V SHEFA LLC Lower Court/Tribunal OAKLAND CIRCUIT COURT Judge(s) JARBOU HALA Y Docket Case Documents Case Number Case Status MSC Closed COA Case Concluded; File Archived Published Case Citation(s) 340 Mich App 391 ___________________________________________ SOUTHFIELD CITY OF Plaintiff – Appellant Attorney(s} GERISH JEFFREY C #51338, Retained SHEFA LLC Defendant - Appellee Attorney(s} HERSCHFUS BRIAN H #41567, Retained ELBAZ/BUILDING LLC Defendant ELBAZ BUILDING doing business as ELBAZ BUILDING LLC doing business as __________________________________________ SOUTHFIELD CITY OF Plaintiff Attorney(s} Jeffrey C. Gerish #51338 SHEFA LLC Defendant Attorney(s} Brian H. Herschfus #41567 ELBAZ/BUILDING LLC Defendant ELBAZ BUILDING doing business as ELBAZ BUILDING LLC doing business as [ Collapse All ] [ Expand All ] 10/02/2019 1 Claim of Appeal - Civil + 09/12/2019 2 Order Appealed From + 10/02/2019 3 Transcript Requested By Atty Or Party + 10/04/2019 4 Appearance - Appellee + 10/09/2019 5 Steno Certificate - Tr Request Received + 10/30/2019 6 Docketing Statement MCR 7.204H + 11/05/2019 7 Steno Certificate - Tr Request Received + 01/06/2020 8 Notice Of Filing Transcript + 01/31/2020 9 Notice Of Filing Transcript + 03/20/2020 1 o Stipulation: Extend Time - AT Brief + 07/01/2020 12 Motion: Extend Time - Appellant + 07/14/2020 1 3 Submitted on Administrative Motion Docket + 07/14/2020 14 Order: Extend Time - Appellant Brief - Grant + 08/07/2020 1 5 Brief: Appellant + 09/09/2020 1 6 Stipulation: Extend Time - AE Brief + 10/07/2020 1 7 Motion: Extend Time - Appellee + 10/13/2020 1 8 Submitted on Administrative Motion Docket + 10/13/2020 1 9 Order: Extend Time - Appellee Brief - Grant + 11/06/2020 21 Brief: Appellee + 11/07/2020 20 Noticed + 11/19/2020 22 Electronic Record Filed + 11/25/2020 2 4 Brief: Reply + 08/04/2021 32 Submitted on Case Call + 08/04/2021 33 Oral Argument Audio + 11/23/2021 34 Motion: Supplemental Brief + 12/07/2021 35 Submitted on Motion Docket Affecting Call + 12/07/2021 36 Order: Supplemental Brief - Grant + 12/07/2021 37 Brief: Supplemental Brief - AT + 02/10/2022 40 Opinion - Authored - Published + 03/24/2022 41 Other + 03/24/2022 42 Application for Leave to set + 03/25/2022 43 Supreme Court: set Case Caption + 03/25/2022 44 Supreme Court: Miscellaneous Filing + 04/21/2022 45 Supreme Court: Answer - set Application/Complaint + 05/12/2022 46 Supreme Court: Reply - set Application/Complaint + 06/28/2022 4 7 Supreme Court Order: Deny Application/Complaint + 06/30/2022 48 File Closed-Out + 04/21/2023 49 Michigan Appeals Reports Publication + 09/13/2024 51 Electronic Record Purged +

Case-law data current through December 31, 2025. Source: CourtListener bulk data.