Lenzie, In re
Jun
24
2025
Ruling
Court denied motion to reopen case as state court was proper forum for resolving post- discharge property dispute. (Bankr. N.D. Ala.)
Issue(s)
Closing and Reopening Cases; When to Reopen.
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Court
:
- 11 U.S.C.
Johnson, In re
May
16
2025
Ruling
Court upheld partial commission claim for auction of estate property as debtor agreed to terms and estate benefited, but denied full commission due to lack of court approval and improper handling of motor vehicles. (Bankr. S.D. Ala.)
Issue(s)
Employment of Professional Persons.
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Court
:
Shoulders, In re
Dec
11
2024
Ruling
Motion to reopen to incorporate property sold at tax sale, but allegedly redeemed by debtor, as property of the estate denied absent proof of any redemption. (Bankr. N.D. Ala.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.
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Court
:
- 11 U.S.C.
Stanford, In re
Nov
21
2024
Ruling
Court determined that the debtors did not receive reasonably equivalent value for loan repayment as the direct and indirect benefits from loan was disproportionately small compared to the amount repaid from condo sale. (Bankr. N.D. Ala.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
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Court
:
- 11 U.S.C.
Cicco, In re
Oct
03
2024
Ruling
Debtor's request to set aside the order to commence cure payments was denied as there was no reasonable justification for delaying the payments. (Bankr. S.D. Ala.)
Issue(s)
Executory Contracts and Unexpired Leases; Effect of Existing Defaults; Requirements for Assumption.
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Court
:
- 11 U.S.C.
Silmon, In re
Oct
01
2024
Ruling
Debtor's unsecured creditors were entitled to the pro rata distribution from the amount returned to trustee as it was undisputed that the unsecured creditors were not paid in full. (Bankr. M.D. Ala.)
Issue(s)
Payments.
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Court
:
- 11 U.S.C.
McCaskey, In re
Sep
30
2024
Ruling
Debtor's inability to deliver physical possession of an ATV did not constitute a material default under the Chapter 13 plan or cause to dismiss the case as it had not been shown that debtor concealed the collateral or perpetrated a fraud. (Bankr. S.D. Ala.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured
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Court
:
- 11 U.S.C.
Parrish, In re--Parrish v. BSFR Prop. Mgmt., LLC
Sep
27
2024
Ruling
Any claim for post-petition rent was treated as a pre-petition claim and was discharged as it was undisputed that the Chapter 7 trustee did not assume the debtor's unexpired residential lease. (Bankr. N.D. Ala.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
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Court
:
- 11 U.S.C.
Thomas, In re--Hail Naw Roofing & Remodeling v. Thomas
Jul
22
2024
Ruling
Court declared state court judgment debt nondischargeable based on preclusive effect of priorruling on contract validity and debtor's fraudulent inducement of services through falsepretenses. (Bankr. S.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
Maison Royale, LLC, In re
Jun
18
2024
Ruling
The fact that the money in court registry was described in the schedules as inventoryliquidation proceeds did not preclude the creditor from asserting his claim as a lender. (Bankr.E.D. La.)
Issue(s)
Proof of Claim; Evidentiary Effect.
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Court
: