Middle District

Tomberlin, In re--Carin v. Wall & Assocs.

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.)
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Consumer case opionion summary, case decided on January 30,2017, LexisNexis #0317-022

USAmeriBank v. Strength (In re Strength)

Ruling: 
Debt was not excepted from discharge as bank's reliance on financial statements provided bydebtor was not reasonable. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on December 20,2016, LexisNexis #0117-073

In re Russell

Ruling: 
Trustee could not modify plan to include automobile accident case settlement proceeds afterexpiration of three-year commitment period. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on June 22,2016, LexisNexis #1116-134

Johnson v. Sallie Mae Inc. (In re Johnson)

Ruling: 
Undue hardship discharge of student loan debt denied where debtor’s situation was not likelyto persist and there had been no good faith efforts to repay. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on June 08,2016, LexisNexis #1116-119

In re Atchison

Ruling: 
Claim secured by manufactured home that was considered personal property under state lawcould be modified in plan. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on September 12,2016, LexisNexis #1016-031

In re Roach

Ruling: 
Stay terminated in debtor’s second bankruptcy absent extension although the stay continuedwith regard to property of the estate. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on August 25,2016, LexisNexis #0916-084

In re Scarver

Ruling: 
Debtor could modify plan after motor vehicle was damaged in an accident. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on August 23,2016, LexisNexis #0916-065

Thomas v. Seterus Inc. (In re Thomas)

Ruling: 
Mortgage lender’s letters threatening to charge debtor’s for hazard insurance premiums didnot violate the automatic stay. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on August 16,2016, LexisNexis #0916-043

USAmeriBank v. Strength (In re Strength)

Ruling: 
Debt was dischargeable where creditor could not establish fraud. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on August 08,2016, LexisNexis #0916-012

Edwards v. Colin (In re Colin)

Ruling: 
Property settlement was not a nondischargeable domestic support obligation. (Bankr. M.D.Ala.)
ABI Membership is required to access the full summary of Edwards v. Colin (In re Colin). 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 16,2016, LexisNexis #0916-018

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