Jan
30
2017
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
Dec
20
2016
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
Jun
22
2016
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
Jun
08
2016
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
Sep
12
2016
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
Aug
25
2016
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
Aug
23
2016
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
Aug
16
2016
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
Aug
08
2016
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
Aug
16
2016
Edwards v. Colin (In re Colin)
Ruling:
Property settlement was not a nondischargeable domestic support obligation. (Bankr. M.D.Ala.)
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Consumer case opionion summary, case decided on August 16,2016, LexisNexis #0916-018
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