Williams v. Mitchell
Jun
16
2017
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.)
Issue(s)
Effect of Confirmation; Parties Bound by Confirmed Plan.
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Court
:
- 28 U.S.C.
Trammell Family Orange Beach Props. LLC, In re
Apr
10
2017
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.)
Issue(s)
Change of Venue.
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Court
:
Trammell Family Lake Martin LLC, In re
Apr
04
2017
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.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention.
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Court
:
- 11 U.S.C.
Tomberlin, In re--Carin v. Wall & Assocs.
Jan
30
2017
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.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
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Court
:
- 11 U.S.C.
USAmeriBank v. Strength (In re Strength)
Dec
20
2016
Ruling
Debt was not excepted from discharge as bank's reliance on financial statements provided bydebtor was not reasonable. (Bankr. M.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.
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Court
:
- 11 U.S.C.
In re Atchison
Sep
12
2016
Ruling
Claim secured by manufactured home that was considered personal property under state lawcould be modified in plan. (Bankr. M.D. Ala.)
Issue(s)
Could loan secured by debtor’s manufactured home be modified in debtor’s chapter 13 plan?
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Court
:
In re Roach
Aug
25
2016
Ruling
Stay terminated in debtor’s second bankruptcy absent extension although the stay continuedwith regard to property of the estate. (Bankr. M.D. Ala.)
Issue(s)
Whether, pursuant to 11 U.S.C. § 362(c)(3)(A), the automatic stay completely terminates as to property of the debtor and the estate, or whether it merely terminates as to property of the debtor, when an individual debtor files chapter 13 within one
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Court
:
- 11 U.S.C.
In re Scarver
Aug
23
2016
Ruling
Debtor could modify plan after motor vehicle was damaged in an accident. (Bankr. M.D. Ala.)
Issue(s)
Whether a Chapter 13 debtor acting in good faith may modify her confirmed plan to surrender collateral and reclassify any deficiency balance as an unsecured claim?
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Court
:
- 11 U.S.C.
Thomas v. Seterus Inc. (In re Thomas)
Aug
16
2016
Ruling
Mortgage lender’s letters threatening to charge debtor’s for hazard insurance premiums didnot violate the automatic stay. (Bankr. M.D. Ala.)
Issue(s)
Did bank willfully violated the automatic stay by sending debtors monthly mortgage statements and letters threatening to charge them for force-placed hazard insurance on the mortgaged property?
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Court
:
- 11 U.S.C.
Edwards v. Colin (In re Colin)
Aug
16
2016
Ruling
Property settlement was not a nondischargeable domestic support obligation. (Bankr. M.D.Ala.)
Issue(s)
Was debt a nondischargeable domestic support obligation or a dischargeable property settlement?
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Court
: