Dec
05
2022
Mock, In re--GulfCo of Ala., LLC v. Mock
Ruling:
Creditor failed to prove debtor obtained live check funds through actual fraud as the evidencedid not suggest anything beyond an honest but unfortunate debtor who tried to use everyavailable option to pull herself out of financial despair. (Bankr. M.D. Ala.)
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Commercial case opionion summary, case decided on December 05,2022, LexisNexis #0223-007
Aug
29
2022
Drew v. ALG Senior, LLC
Ruling:
Proceeding comprised of purely Alabama state law claims was subject to equitable remand.(Bankr. M.D. Ala.)
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Commercial case opionion summary, case decided on August 29,2022, LexisNexis #1022-065
Aug
04
2022
Santangelo, In re--Santangelo v. Clarvit
Ruling:
Debtor's attorney’s required pursuit of an action to determine whether pre-petition charginglien was valid and enforceable did not violate the discharge order. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on August 04,2022, LexisNexis #0922-080
Mar
04
2022
Deighan Law LLC, In re
Ruling:
Debt relief agency sanctioned for unlawful practice of law and providing substandard service.(Bankr. M.D. Ala.)
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Commercial case opionion summary, case decided on March 04,2022, LexisNexis #0422-099
Mar
01
2022
McCallan, In re--Wilkins v. McCallan
Ruling:
Debtor's wife waived her right to a jury trial and impliedly consented to final adjudication bythe bankruptcy court by failing to timely file the motion to withdraw the reference. (Bankr.M.D. Ala.)
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Consumer case opionion summary, case decided on March 01,2022, LexisNexis #0422-067
Feb
04
2022
Bulger, In re
Ruling:
Motion for stay and injunction pending appeal of dismissal for failure to obtain requiredcredit counseling denied absent probable likelihood of success. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on February 04,2022, LexisNexis #0322-077
Dec
17
2021
Bulger, In re
Ruling:
Debtor's case dismissed with a two-year filing injunction due to abuse of the bankruptcyprocess as a tactic to stall his largest creditors and leverage a settlement of the state court case.(Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on December 17,2021, LexisNexis #0222-026
Oct
25
2021
McCallan, In re--Wilkins v. McCallan
Ruling:
Court imposed sanctions because the attorney's purpose in filing an email on the court’spublic record was to cause injury and it constituted a bad faith attempt to provoke the court.(Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on October 25,2021, LexisNexis #1221-074
Sep
29
2021
Acosta-Conniff, In re--Acosta-Conniff v. ECMC
Ruling:
Debtor's student loan debts were dischargeable as she would be unable to maintain a minimalstandard of living and reduced monthly payment under repayment plan. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on September 29,2021, LexisNexis #1221-036
Sep
29
2021
Acosta-Conniff, In re--Acosta-Conniff v. ECMC
Ruling:
Debtor's student loan debt excepted from discharge as repayment would impose an unduehardship for her and her dependents. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on September 29,2021, LexisNexis #1121-089
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