Nov
30
2023
Bennett, In re
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.)
ABI Membership is required to access the full summary of Bennett, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 30,2023, LexisNexis #0224-009
Sep
25
2023
Northington, In re--Gulfco of Alabama, LLC v. Northington
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.)
ABI Membership is required to access the full summary of Northington, In re--Gulfco of Alabama, LLC v. Northington. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 25,2023, LexisNexis #1123-089
Sep
11
2023
Holmes, In re
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.)
ABI Membership is required to access the full summary of Holmes, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 11,2023, LexisNexis #1123-026
Mar
16
2023
Roby, In re
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.)
ABI Membership is required to access the full summary of Roby, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 16,2023, LexisNexis #0523-045
Mar
16
2023
Roby, In re
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.)
ABI Membership is required to access the full summary of Roby, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 16,2023, LexisNexis #0523-045
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.)
ABI Membership is required to access the full summary of Mock, In re--GulfCo of Ala., LLC v. Mock. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.)
ABI Membership is required to access the full summary of Drew v. ALG Senior, LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.)
ABI Membership is required to access the full summary of Santangelo, In re--Santangelo v. Clarvit. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.)
ABI Membership is required to access the full summary of Deighan Law LLC, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.)
ABI Membership is required to access the full summary of McCallan, In re--Wilkins v. McCallan. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 01,2022, LexisNexis #0422-067