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middle district of alabama

McCallan v. Sanfilippo

Ruling
Court had subject matter jurisdiction over Stern claim which was treated as a noncore proceeding. (Bankr. M.D. Ala.)
Issue(s)
U.S.C.

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Consumer opinion summary, case decided on March 08, 2019 , LexisNexis #0419-095

Jordan, In re--ServisFirst Bank v. Jordan

Ruling
Bankruptcy court abstained from conducting post-judgment collection proceedings in favor ofa private creditor. (Bankr. M.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on February 20, 2019 , LexisNexis #0419-011

Brodgen v. Holmes Motors Inc.

Ruling
Debtor was entitled to recover actual damages as the company willfully violated the stay, and evidence supported an award for lost wages, damages, emotional distress, and reasonable attorney's fees. (Bankr. M.D. Ala.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on August 29, 2018 , LexisNexis #1018-037

Parmley, In re

Ruling
Debtor's objection to trustee's final report overruled where debtor's contention that no distribution should be made to creditor was without merit as creditor had properly allowed unsecured claim to which the debtor had not objected. (Bankr. M.D. Ala.)
Issue(s)
Distribution of Property of the Estate.

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Consumer opinion summary, case decided on May 30, 2018 , LexisNexis #0718-050

SpecAlloy Corp., In re--Carn v. Audientis, LLC

Ruling
Trustee allowed to set aside two cash payments as voidable preferences after having met all the necessary elements. (Bankr. M.D. Ala.)
Issue(s)
Preferences; Avoidable Transfers.

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Commercial opinion summary, case decided on March 08, 2018 , LexisNexis #0418-046

Lively, In re

Ruling
Creditors' motion for relief from the automatic stay was denied as court held that debtors didnot willfully violated the automatic stay when they opposed the suggestion of bankruptcyfiled in Jefferson County. (Bankr. M.D. Ala.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on October 12, 2017 , LexisNexis #1117-066

In re United Plastic Recycling Inc.

Ruling
Court approved reduced fees for significant work deemed as unnecessary. (Bankr. M.D. Ala.)
Issue(s)
Compensation of Officers.

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Commercial opinion summary, case decided on September 28, 2017 , LexisNexis #1117-004

Moorer, In re

Ruling
Modification of a confirmed plan allowed to allow debtor to surrender collateral to a securedcreditor. (Bankr. M.D. Ala.)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed.

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Consumer opinion summary, case decided on August 15, 2017 , LexisNexis #0917-087

Carroll, In re--Jacobs v. Carroll

Ruling
Debtor's discharge would not be denied as the debtor's misstatements in her schedules wasnot done with fraudulent intent. (Bankr. M.D. Ala.)
Issue(s)
Discharge; Grounds for Denial; Fraud.

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Consumer opinion summary, case decided on August 15, 2017 , LexisNexis #0917-080

Stokes, In re--Motors Acceptance Corp. v. Stokes

Ruling
Court deemed as dischargeable debts which arose post-petition but which were made preconversionas they were treated as pre-petition debts. (Bankr. M.D. Ala.)
Issue(s)
Discharge; Debts Affected.

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Consumer opinion summary, case decided on August 03, 2017 , LexisNexis #0917-018