Alabama

Wright, In re

Ruling: 
Trustee's objection to confirmation of debtors' Chapter 13 plan was sustained as debtors didnot show that the plan met the best interests of creditors test with respect to two propertiesabsent proper valuation. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on September 24,2021, LexisNexis #1121-044

Zilkha Biomass Selma, LLC, In re

Ruling: 
Co-defendants' motion to extend the automatic stay denied as the automatic stay does notprovide a mechanism to extend the stay to non-debtors. (Bankr. S.D. Ala.)
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Commercial case opionion summary, case decided on September 20,2021, LexisNexis #1121-028

Zilkha Biomass Selma, LLC, In re

Ruling: 
Extension of automatic stay to state court non-filing co-defendants of Chapter 7 debtor was notwarranted absent showing that a judgment against the co-defendants would amount to ajudgment against debtor. (Bankr. S.D. Ala.)
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Commercial case opionion summary, case decided on September 14,2021, LexisNexis #1121-003

Clearpoint Chems., LLC, In re

Ruling: 
Chapter 11 plan was not proposed in bad faith as the overall effect of the plan was to allowdebtor to continue to operate, maintain its employees and pay its administrative, priority andsecured claims. (Bankr. S.D. Ala.)
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Commercial case opionion summary, case decided on September 14,2021, LexisNexis #1121-019

Graham, In re

Ruling: 
Objection to confirmation of debtors' Chapter 13 plan was overruled as debtors' pawn contracton their vehicle had not matured pre-petition so they retained legal title and possession of thevehicle when the bankruptcy was filed. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on September 14,2021, LexisNexis #1121-021

Perine, In re

Ruling: 
Court declined to modify the plan to increase the percentage on unsecured claims as theinsurance proceeds were a substitute for the wrecked vehicle, not new assets or valuecoming into the estate. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on June 28,2021, LexisNexis #1021-021

Kessler, In re--Hagan v. Kessler

Ruling: 
Debtor was denied a discharge as she recorded a mortgage on her property with her husbandas mortgagee and operating as a company that had been out of business for more than 20years. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on June 14,2021, LexisNexis #0821-017

Wilson, In re

Ruling: 
Confirmation of debtors' amended plan was denied as the plan did not propose periodicpayments in equal monthly amounts as required by the Bankruptcy Code. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on June 15,2021, LexisNexis #0821-024

Breland, In re

Ruling: 
Trustee's motion to sell property free and clear of liens was denied where trustee did not havethe requisite knowledge of the negotiations, the property or the permitting to make aninformed analysis. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on June 03,2021, LexisNexis #0721-081

Session v. Am. Honda Fin. Corp.

Ruling: 
Debtor was entitled to an award of punitive damages because debtor sustained actual damagesfor her loss of equity in the vehicle due to the creditor's violation of the automatic stay. (Bankr.S.D. Ala.)
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Consumer case opionion summary, case decided on May 18,2021, LexisNexis #0721-002

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