Skip to main content

Page Banner(Taxonomy)

middle district of alabama

Deighan Law LLC, In re

Ruling
Debt relief agency sanctioned for unlawful practice of law and providing substandard service.(Bankr. M.D. Ala.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of

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 opinion 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.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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 opinion summary, case decided on March 01, 2022 , LexisNexis #0422-067

Bulger, In re

Ruling
Motion for stay and injunction pending appeal of dismissal for failure to obtain requiredcredit counseling denied absent probable likelihood of success. (Bankr. M.D. Ala.)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling.

ABI Membership is required to access the full summary of Bulger, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 04, 2022 , LexisNexis #0322-077

Bulger, In re

Ruling
Debtor's case dismissed with a two-year filing injunction due to abuse of the bankruptcyprocess as a tactic to stall his largest creditors and leverage a settlement of the state court case.(Bankr. M.D. Ala.)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling.

ABI Membership is required to access the full summary of Bulger, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 17, 2021 , LexisNexis #0222-026

McCallan, In re--Wilkins v. McCallan

Ruling
Court imposed sanctions because the attorney's purpose in filing an email on the court’spublic record was to cause injury and it constituted a bad faith attempt to provoke the court.(Bankr. M.D. Ala.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of

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 opinion summary, case decided on October 25, 2021 , LexisNexis #1221-074

Mayo, In re

Ruling
Pawnshop creditor was entitled to repossess vehicle after debtor filed its third chapter 13proceeding as dismissal of the first chapter 13 case resulted in a restoration of title with thecreditor. (Bankr. M.D. Ala.)
Issue(s)
Effect of Dismissal.

ABI Membership is required to access the full summary of Mayo, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 30, 2021 , LexisNexis #1121-078

Acosta-Conniff, In re--Acosta-Conniff v. ECMC

Ruling
Debtor's student loan debts were dischargeable as she would be unable to maintain a minimalstandard of living and reduced monthly payment under repayment plan. (Bankr. M.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

ABI Membership is required to access the full summary of Acosta-Conniff, In re--Acosta-Conniff v. ECMC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 29, 2021 , LexisNexis #1221-036

Acosta-Conniff, In re--Acosta-Conniff v. ECMC

Ruling
Debtor's student loan debt excepted from discharge as repayment would impose an unduehardship for her and her dependents. (Bankr. M.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

ABI Membership is required to access the full summary of Acosta-Conniff, In re--Acosta-Conniff v. ECMC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 29, 2021 , LexisNexis #1121-089

Connell, In re

Ruling
Debtor’s objection to her former wife’s claim for child support is sustained as the claim wasuntimely, and she also failed to object to confirmation of debtor's Chapter 13 plan. (Bankr.M.D. Ala.)
Issue(s)
Automatic Stay; Relief From Stay; For Cause.

ABI Membership is required to access the full summary of Connell, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 02, 2021 , LexisNexis #0421-031

Collins, In re

Ruling
Objections to confirmation of debtor's Chapter 13 plan were overruled as debtor's formerspouse did not identify property or assets in which debtor would exhaust his personalproperty exemption, or could not exempt. (Bankr. M.D. Ala.)
Issue(s)
Confirmation of Plan; Objections; Considerations on Objection By Trustee or

ABI Membership is required to access the full summary of Collins, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 10, 2021 , LexisNexis #0321-070