Heidelberg Print Fin. Americas v. Classic Assoc

Full title: HEIDELBERG PRINT FINANCE AMERICAS, INC., Plaintiff, v. CLASSIC AND…

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Mar 20, 2009

Case No. 08-14677 (E.D. Mich. Mar. 20, 2009)

Opinion

Case No. 08-14677.

March 20, 2009

ORDER

AVERN COHN, District Judge

This is an action to recover machinery leased by plaintiff to defendants. Defendants defaulted on lease payments. Plaintiff was entitled to possession. Unfortunately for plaintiff, Oakland County seized and sold the machinery before plaintiff was able to repossess. All this happened in 2004 (Doc. 3). Because defendants were insolvent, plaintiff did not pursue the case. However, no order of dismissal was entered. It now appears that the Oakland County Treasurer has on hand $31,000.00 which represents the excess of the amount received at the sale of the machinery over what was owed plaintiff. This excess belongs to plaintiff as owner of the machinery.

Accordingly, the Oakland County Treasurer is directed to pay the excess of the proceeds received from the sale of the machinery to plaintiff. After payment of the excess, plaintiff shall notify the Court and submit an order of dismissal.

SO ORDERED.