Boyd v. Brownell et al

Filing 4

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION of the Bankruptcy Judge 1 ; granting the trustee's motion for entry of default judgment ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JAMES D. BOYD,
Plaintiff,
File No. 1:13-CV-604
Adv. Proc. No. 12-80372
HON. ROBERT HOLMES BELL

v.
DIANE BROWNELL and ANTHONY C.
BENAK,
Defendants.
/

ORDER APPROVING AND ADOPTING
REPORT AND RECOMMENDATION
The Court has reviewed United States Bankruptcy Judge Jeffrey R. Hughes’s May 10,
2013, report and recommendation (“R&R”) recommending that Trustee James D. Boyd’s
motion for entry of default judgment against Defendants Diane Brownell and Anthony Benak
be granted. (Dkt. No. 1, Attach. 1, R&R.) Defendants are not represented by counsel. The
R&R was mailed to Defendants at their last known addresses on May 16, 2013. (Adv. Proc.
No. 12-80372, Dkt. No. 15.) Defendants have not filed any objections to the R&R, and the
time for doing so has expired. See Bankr. R. 9033(b). The Court has reviewed the R&R, and
agrees with its recommendation. Accordingly,
IT IS HEREBY ORDERED that the May 10, 2013, R&R of the Bankruptcy Judge
(Dkt. No. 1, Attach. 1) is APPROVED and ADOPTED as the opinion of the Court.

IT IS FURTHER ORDERED that the Trustee’s motion for entry of default
judgment (Adv. Proc. No. 12-80372, Dkt. No. 10) is GRANTED.
IT IS FURTHER ORDERED that Trustee James Boyd is AUTHORIZED TO
SELL the undivided interests of Defendants Diane Brownell and Anthony Benak in the real
property located at East M-72, Williamsburg, Michigan, pursuant to 11 U.S.C. § 363(h).

Dated: July 12, 2013

/s/ Robert Holmes Bell
ROBERT HOLMES BELL
UNITED STATES DISTRICT JUDGE

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