Moorer, In re
Aug
15
2017
Ruling
Modification of a confirmed plan allowed to allow debtor to surrender collateral to a securedcreditor. (Bankr. M.D. Ala.)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed.
ABI Membership is required to access the full summary of Moorer, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Carroll, In re--Jacobs v. Carroll
Aug
15
2017
Ruling
Debtor's discharge would not be denied as the debtor's misstatements in her schedules wasnot done with fraudulent intent. (Bankr. M.D. Ala.)
Issue(s)
Discharge; Grounds for Denial; Fraud.
ABI Membership is required to access the full summary of Carroll, In re--Jacobs v. Carroll Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Williams v. Mitchell
Jun
16
2017
Ruling
Creditor's motions to reject automobile leases and turn over the vehicles were denied as itcould not prevail on the post-confirmation challenge due to the binding effect of debtors'confirmed chapter 13 plan. (Bankr. M.D. Ala.)
Issue(s)
Effect of Confirmation; Parties Bound by Confirmed Plan.
ABI Membership is required to access the full summary of Williams v. Mitchell Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Tomberlin, In re--Carin v. Wall & Assocs.
Jan
30
2017
Ruling
Defendant's motion to compel arbitration granted as the fraudulent transfer claim isessentially an extension of the breach of contract claim, thus enforcing arbitration does notinherently conflict with the underlying purposes of the bankruptcy code. (Bankr. M.D. Ala.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
ABI Membership is required to access the full summary of Tomberlin, In re--Carin v. Wall & Assocs. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Atchison
Sep
12
2016
Ruling
Claim secured by manufactured home that was considered personal property under state lawcould be modified in plan. (Bankr. M.D. Ala.)
Issue(s)
Could loan secured by debtor’s manufactured home be modified in debtor’s chapter 13 plan?
ABI Membership is required to access the full summary of In re Atchison Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Russell
Jun
22
2016
Ruling
Trustee could not modify plan to include automobile accident case settlement proceeds afterexpiration of three-year commitment period. (Bankr. M.D. Ala.)
Issue(s)
Modification of Plan After Confirmation.
ABI Membership is required to access the full summary of In re Russell Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Alexander v. Mill Steel Co. (In re Southeastern Stud & Components Inc.)
May
03
2016
Ruling
Secured claim of steel company allowed over trustee's objection.
Issue(s)
Should creditor steel company's claim be disallowed because steel was delivered and invoiced by an affiliate of the creditor?
ABI Membership is required to access the full summary of Alexander v. Mill Steel Co. (In re Southeastern Stud & Components Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Tarpley v. Sallie Mae Inc. (In re Tarpley)
Feb
02
2016
Ruling
Undue hardship discharge of student loan debt denied where debtor's income and ability to repay were likely to improve.
Issue(s)
Was debtor who worked part-time as a school bus driver eligible for an undue hardship discharge?
ABI Membership is required to access the full summary of Tarpley v. Sallie Mae Inc. (In re Tarpley) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Basso v. Lawson (In re Lawson)
Dec
09
2015
Ruling
State court judgment based on vehicle-pedestrian accident was dischargeable as it did not include a finding of willful and malicious injury.
Issue(s)
Was judgment debt based on accident in which debtor hit creditor with his car nondischargeable on grounds of willful and malicious injury?
ABI Membership is required to access the full summary of Basso v. Lawson (In re Lawson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Hudson v. PrimeSouth Bank (In re Hudson)
Apr
09
2015
Ruling
Creditor did not violate stay by not withdrawing claim after payment by guarantor as payments were applied to a debt of the guarantor.
Issue(s)
Did creditor violate the automatic stay by not withdrawing its proof of claim after receiving payment from guarantor?
ABI Membership is required to access the full summary of Hudson v. PrimeSouth Bank (In re Hudson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: