Aug
29
2018
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
May
30
2018
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
Mar
08
2018
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
Oct
12
2017
Lively, In re
Ruling:
Creditors' motion for relief from the automatic stay was denied as court held that debtors didnot willfully violated the automatic stay when they opposed the suggestion of bankruptcyfiled in Jefferson County. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on October 12,2017, LexisNexis #1117-066
Sep
28
2017
In re United Plastic Recycling Inc.
Ruling:
Court approved reduced fees for significant work deemed as unnecessary. (Bankr. M.D. Ala.)
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Commercial case opionion summary, case decided on September 28,2017, LexisNexis #1117-004
Aug
15
2017
Moorer, In re
Ruling:
Modification of a confirmed plan allowed to allow debtor to surrender collateral to a securedcreditor. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on August 15,2017, LexisNexis #0917-087
Aug
15
2017
Carroll, In re--Jacobs v. Carroll
Ruling:
Debtor's discharge would not be denied as the debtor's misstatements in her schedules wasnot done with fraudulent intent. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on August 15,2017, LexisNexis #0917-080
Aug
03
2017
Stokes, In re--Motors Acceptance Corp. v. Stokes
Ruling:
Court deemed as dischargeable debts which arose post-petition but which were made preconversionas they were treated as pre-petition debts. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on August 03,2017, LexisNexis #0917-018
Jun
16
2017
Williams v. Mitchell
Ruling:
Creditor's motions to reject automobile leases and turn over the vehicles were denied as itcould not prevail on the post-confirmation challenge due to the binding effect of debtors'confirmed chapter 13 plan. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on June 16,2017, LexisNexis #0717-081
Apr
10
2017
Trammell Family Orange Beach Props. LLC, In re
Ruling:
Cases transferred to the district court where the bankruptcy filings were not part of a goodfaith effort to reorganize but rather a tactical effort to transfer the fraudulent conveyance caseto the bankruptcy court. (Bankr. M.D. Ala.)
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Commercial case opionion summary, case decided on April 10,2017, LexisNexis #0517-086
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