Middle District

Todd, In re

Ruling: 
Motion to dismiss was due to be granted where trustee failed to show that there was a waiverof the statute of limitations defense. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on July 15,2019, LexisNexis #0919-038

Deemer, In re

Ruling: 
Motion of contempt and sanctions was granted in part because creditor failed to either timelyrepossess the surrendered vehicle or release the title. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on June 17,2019, LexisNexis #0819-091

Collum, In re--Collum v. E. Ala. Med. Ctr.

Ruling: 
Creditor violated the stay where debtor provided evidence to creditor that he was inbankruptcy and creditor failed to take appropriate remedial steps. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on July 18,2019, LexisNexis #0919-053

Jordan, In re--ServisFirst Bank v. Jordan

Ruling: 
Bankruptcy court abstained from conducting post-judgment collection proceedings in favor ofa private creditor. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on February 20,2019, LexisNexis #0419-011

McCallan v. Sanfilippo

Ruling: 
Court had subject matter jurisdiction over Stern claim which was treated as a noncore proceeding. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on March 08,2019, LexisNexis #0419-095

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

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

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

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

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

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