Sep
25
2023
Northington, In re--Gulfco of Alabama, LLC v. Northington
Ruling:
Debt was not excepted from discharge where debtor's endorsement of prior live checks by thelender and his repayment of the loans associated with those checks did not constitute a falserepresentation. (Bankr. M.D. Ala.)
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Commercial case opionion summary, case decided on September 25,2023, LexisNexis #1123-089
Sep
28
2023
Haynie, In re--Bryant Bank v. Haynie
Ruling:
Record did not show that the debtor acted with the specific purpose of causing injury to thebank even though the court found the debtor's conduct was malicious. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on September 28,2023, LexisNexis #1123-059
Sep
11
2023
Holmes, In re
Ruling:
Trustee and a bank creditor were entitled to dismissal of debtor's Chapter 13 case as the debtorwas ineligible for bankruptcy relief as his case was filed within 180 days of his voluntarydismissal of a prior case. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on September 11,2023, LexisNexis #1123-026
Aug
29
2023
Karr, In re
Ruling:
Court authorized the turnover and sale of entire co-owned property as the appropriate meansfor liquidating the estate's one-half interest. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on August 29,2023, LexisNexis #1123-006
May
30
2023
Hill, In re
Ruling:
Bankruptcy code did not require that Chapter 13 plans be modified to account for postpetition personal injury claim proceeds as the claims were assets, not income. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on May 30,2023, LexisNexis #0823-040
Jun
12
2023
Craig, In re
Ruling:
Trustee who did not perform any non-trustee duties was not entitled to attorney fees forherself. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on June 12,2023, LexisNexis #0823-027
Apr
04
2023
Simmons, In re--Simmons v. Pingora Loan Serv. LLC
Ruling:
Creditor's right to full repayment, whether from insurance proceeds or otherwise, prior to releasing lien, could not be modified in Chapter 13 case. (Bankr. N.D. Ala.)
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Commercial case opionion summary, case decided on April 04,2023, LexisNexis #0623-018
Mar
16
2023
Roby, In re
Ruling:
Proposals in debtors’ Chapter 13 plans to modify the rights of pawn creditor did not lack good faith absent evidence that debtors did not genuinely need bankruptcy relief or were not making their best efforts. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on March 16,2023, LexisNexis #0523-045
Mar
16
2023
Roby, In re
Ruling:
Proposals in debtors’ Chapter 13 plans to modify the rights of pawn creditor did not lack good faith absent evidence that debtors did not genuinely need bankruptcy relief or were not making their best efforts. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on March 16,2023, LexisNexis #0523-045
Mar
15
2023
Ingram, In re
Ruling:
Court did not find necessary cause to extend the term of a Chapter 13 plan beyond thirty-six months for the below-median debtor given the tremendous discrepancy between the value of the asset being preserved and the high cost to debtor and estate. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on March 15,2023, LexisNexis #0523-021
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