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middle district of alabama

West Pace, LLC, In re

Ruling
Creditor was entitled to relief from the automatic stay as the court concluded that debtor'spetition was not filed in good faith. (Bankr. M.D. Ala.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Commercial opinion summary, case decided on October 19, 2020 , LexisNexis #1220-004

Womack, In re

Ruling
Pawnshop's rights were subject to modification in proposed plan as the debtor’s contract hadnot matured as of the petition date. (Bankr. M.D. Ala.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.

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Consumer opinion summary, case decided on June 09, 2020 , LexisNexis #0720-073

Bozeman, In re

Ruling
Chapter 13 debtor was entitled to discharge as all allowed claims were paid in full andobjection to late amended claim of mortgagee was sustained. (Bankr. M.D. Ala.)
Issue(s)
Contents of Plan; Discretionary Provisions.

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Consumer opinion summary, case decided on June 09, 2020 , LexisNexis #0720-072

McKinney v. 2nd Chance Auto Sales, Inc.

Ruling
Creditor enjoined from taking any further action to garnish Chapter 13 trustee as it failed tofirst obtain leave from the court. (Bankr. M.D. Ala.)
Issue(s)
Trustees and Receivers Suable; Management; State Laws; Who May Be Sued.

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Consumer opinion summary, case decided on January 30, 2020 , LexisNexis #0320-046

Jones, In re--Wheeler Bros. v. Jones

Ruling
District court judgment debt was nondischargeable due to operation of collateral estoppel.(Bankr. M.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on January 24, 2020 , LexisNexis #0320-009

Butler, In re

Ruling
Debtor could modify loan secured by vehicle purchased for the exclusive and personal use ofhis girlfriend. (Bankr. M.D. Ala.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on December 05, 2019 , LexisNexis #0120-069

Somers, In re--Somers v. Bell Helicopter Textron, Inc.

Ruling
Creditor's motion to dismiss adversary proceeding was granted as the debtor's complaintfailed to allege that the creditor committed any act in violation of the automatic stay. (Bankr.M.D. Ala.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on October 24, 2019 , LexisNexis #1219-029

Collum, In re--Collum v. E. Ala. Med. Ctr.

Ruling
Creditor violated the stay where debtor provided evidence to creditor that he was inbankruptcy and creditor failed to take appropriate remedial steps. (Bankr. M.D. Ala.)
Issue(s)
Automatic Stay; Scope; Setoff of Debts Owing to Debtor.

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Consumer opinion summary, case decided on July 18, 2019 , LexisNexis #0919-053

Todd, In re

Ruling
Motion to dismiss was due to be granted where trustee failed to show that there was a waiverof the statute of limitations defense. (Bankr. M.D. Ala.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.

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Consumer opinion summary, case decided on July 15, 2019 , LexisNexis #0919-038

Deemer, In re

Ruling
Motion of contempt and sanctions was granted in part because creditor failed to either timelyrepossess the surrendered vehicle or release the title. (Bankr. M.D. Ala.)
Issue(s)
Effect of Discharge.

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Consumer opinion summary, case decided on June 17, 2019 , LexisNexis #0819-091