- FRBP
Moseley, In re
Jul
22
2025
Ruling
Request was not a proper use of Rule 2004 discovery as it represented an effort to circumvent the discovery rules of the state court litigation. (Bankr. M.D. Ala.)
Issue(s)
Examination.
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Court
:
- 11 U.S.C.
Silmon, In re
Oct
01
2024
Ruling
Debtor's unsecured creditors were entitled to the pro rata distribution from the amount returned to trustee as it was undisputed that the unsecured creditors were not paid in full. (Bankr. M.D. Ala.)
Issue(s)
Payments.
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Court
:
Bennett, In re
Nov
30
2023
Ruling
Creditor was not entitled to a super-priority administrative expense claim as adequateprotection payments to the creditor had ceased more than two years before the car was taken.(Bankr. M.D. Ala.)
Issue(s)
Priorities; Secured Creditor's Claim for Inadequacy of Adequate Protection.
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Court
:
- 11 U.S.C.
Northington, In re--Gulfco of Alabama, LLC v. Northington
Sep
25
2023
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
- 11 U.S.C.
Holmes, In re
Sep
11
2023
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.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Voluntary
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Court
:
Roby, In re
Mar
16
2023
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.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.
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Court
:
Roby, In re
Mar
16
2023
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.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.
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Court
:
Mock, In re--GulfCo of Ala., LLC v. Mock
Dec
05
2022
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 28 U.S.C.
Drew v. ALG Senior, LLC
Aug
29
2022
Ruling
Proceeding comprised of purely Alabama state law claims was subject to equitable remand.(Bankr. M.D. Ala.)
Issue(s)
Procedures; Title 11 Cases and Core Proceedings; Personal Injury Tort and
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Court
:
Santangelo, In re--Santangelo v. Clarvit
Aug
04
2022
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.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.
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Court
: