Middle District

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.)
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Consumer case opionion summary, case decided on November 30,2023, LexisNexis #0224-009

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.)
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Commercial case opionion summary, case decided on September 25,2023, LexisNexis #1123-089

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.)
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Consumer case opionion summary, case decided on September 11,2023, LexisNexis #1123-026

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.)
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Consumer case opionion summary, case decided on March 16,2023, LexisNexis #0523-045

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.)
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Consumer case opionion summary, case decided on March 16,2023, LexisNexis #0523-045

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.)
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Commercial case opionion summary, case decided on December 05,2022, LexisNexis #0223-007

Drew v. ALG Senior, LLC

Ruling: 
Proceeding comprised of purely Alabama state law claims was subject to equitable remand.(Bankr. M.D. Ala.)
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Commercial case opionion summary, case decided on August 29,2022, LexisNexis #1022-065

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.)
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Consumer case opionion summary, case decided on August 04,2022, LexisNexis #0922-080

Deighan Law LLC, In re

Ruling: 
Debt relief agency sanctioned for unlawful practice of law and providing substandard service.(Bankr. M.D. Ala.)
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Commercial case opionion summary, case decided on March 04,2022, LexisNexis #0422-099

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.)
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Consumer case opionion summary, case decided on March 01,2022, LexisNexis #0422-067

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