Middle District

Williams v. Mitchell

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.)
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Consumer case opionion summary, case decided on June 16,2017, LexisNexis #0717-081

Trammell Family Orange Beach Props. LLC, In re

Ruling: 
Cases transferred to the district court where the bankruptcy filings were not part of a goodfaith effort to reorganize but rather a tactical effort to transfer the fraudulent conveyance caseto the bankruptcy court. (Bankr. M.D. Ala.)
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Commercial case opionion summary, case decided on April 10,2017, LexisNexis #0517-086

Trammell Family Lake Martin LLC, In re

Ruling: 
Relief from automatic stay granted where pursuit of the action and abstention was warranted for any proceedings that conflicted with the fraudulent conveyance suit transferred to the Southern district. (Bankr. M.D. Ala.)
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Commercial case opionion summary, case decided on April 04,2017, LexisNexis #0517-059

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

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