Oct
24
2019
Somers, In re--Somers v. Bell Helicopter Textron, Inc.
Ruling:
Creditor's motion to dismiss adversary proceeding was granted as the debtor's complaintfailed to allege that the creditor committed any act in violation of the automatic stay. (Bankr.M.D. Ala.)
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Consumer case opionion summary, case decided on October 24,2019, LexisNexis #1219-029
Jul
15
2019
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
Jun
17
2019
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
Jul
18
2019
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
Feb
20
2019
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
Mar
08
2019
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
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
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