Alabama

Powers, In re

Ruling: 
Creditor's motion for relief from stay against co-debtor granted as debtor's husband was a co-mortgagor with debtor and debtor's plan did not propose to pay the creditor's claim. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on August 28,2018, LexisNexis #1018-055

Brodgen v. Holmes Motors Inc.

Ruling: 
Debtor was entitled to recover actual damages as the company willfully violated the stay, and evidence supported an award for lost wages, damages, emotional distress, and reasonable attorney's fees. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on August 29,2018, LexisNexis #1018-037

Nix, In re--PNC BANK, N.A. v. Nix

Ruling: 
Debt was nondischargeable under 11 U.S.C. § 523(a)(6) as debtor sold membership units without informing the bank and failed to inform the buyer that the units were pledged to the bank. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on June 06,2018, LexisNexis #0818-048

Breland, In re

Ruling: 
Duty to amend a debtor's schedules falls within chapter 11 trustee's duties. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on July 05,2018, LexisNexis #0818-052

Parmley, In re

Ruling: 
Debtor's objection to trustee's final report overruled where debtor's contention that no distribution should be made to creditor was without merit as creditor had properly allowed unsecured claim to which the debtor had not objected. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on May 30,2018, LexisNexis #0718-050

Johnson, In re--Johnson v. United States Dep't of Educ.

Ruling: 
Recusal was not warranted as debtor has not shown the appearance of partiality. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on May 23,2018, LexisNexis #0618-117

Adams, In re

Ruling: 
Court overruled debtor's objection to SSA's proof of claim as his belief that his income for one month should not have been considered because he was within a trial work period did not rise to the level of a substantial factual basis sufficient to overcome the presumption of validity. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on April 09,2018, LexisNexis #0518-119

White, In re

Ruling: 
LLC and attorney violated the court's order implementing a settlement agreement when they filed disclosure statements in chapter 7 bankruptcy cases that required payment of fees for legal services they agreed to provide without charge. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on April 19,2018, LexisNexis #0518-100

SpecAlloy Corp., In re--Carn v. Audientis, LLC

Ruling: 
Trustee allowed to set aside two cash payments as voidable preferences after having met all the necessary elements. (Bankr. M.D. Ala.)
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Commercial case opionion summary, case decided on March 08,2018, LexisNexis #0418-046

Kudzu Marine Inc., In re--Littleton v. Lanac Investments, LLC

Ruling: 
Court vacated its previous favorable ruling on the creditor's administrative claim as the trustee proved that the expenses for maintaining a vessel only benefitted the actual vessel and not the estate. (Bankr. S.D. Ala.)
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Commercial case opionion summary, case decided on March 08,2018, LexisNexis #0418-034

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