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northern district of alabama

Parrish, In re--Parrish v. BSFR Prop. Mgmt., LLC

Ruling
Any claim for post-petition rent was treated as a pre-petition claim and was discharged as it was undisputed that the Chapter 7 trustee did not assume the debtor's unexpired residential lease. (Bankr. N.D. Ala.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.

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Consumer opinion summary, case decided on September 27, 2024 , LexisNexis #1224-041

Maison Royale, LLC, In re

Ruling
The fact that the money in court registry was described in the schedules as inventoryliquidation proceeds did not preclude the creditor from asserting his claim as a lender. (Bankr.E.D. La.)
Issue(s)
Proof of Claim; Evidentiary Effect.

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Commercial opinion summary, case decided on June 18, 2024 , LexisNexis #0824-100

SAL ATX LLC, In re

Ruling
Debtors were not entitled to extension of deadlines and reconsideration of orders convertingtheir Chapter 11 cases to Chapter 7 cases as debtors did not establish excusable neglect. (Bankr.W.D. Tex.)
Issue(s)
Relief From Judgment or Order.

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Commercial opinion summary, case decided on May 20, 2024 , LexisNexis #0724-075

Bush, In re

Ruling
Movants were not entitled to lift the automatic stay to permit them to pursue claims againstthe debtors in state court as they consented to the bankruptcy court's determination of each ofthe grounds set out in their proof of claim. (Bankr. N.D. Ala.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on February 14, 2024 , LexisNexis #0424-029

Leader, In re--Pablo v. Leader

Ruling
State court judgment against defendant was dischargeable because defendant had no intent toinjure the employee and he did not act with malice. (Bankr. N.D. Ala.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief.

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Consumer opinion summary, case decided on November 27, 2023 , LexisNexis #0124-063

Leader, In re--Pablo v. Leader

Ruling
State court judgment against defendant was dischargeable because defendant had no intent toinjure the employee and he did not act with malice. (Bankr. N.D. Ala.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief.

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Consumer opinion summary, case decided on November 27, 2023 , LexisNexis #0124-063

Gilmore, In re

Ruling
Debtor properly proposed in his plan to provide for the secured debt by surrendering theproperty. (Bankr. N.D. Ala.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured

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Consumer opinion summary, case decided on November 09, 2023 , LexisNexis #0124-047

Haynie, In re--Bryant Bank v. Haynie

Ruling
Record did not show that the debtor acted with the specific purpose of causing injury to thebank even though the court found the debtor's conduct was malicious. (Bankr. N.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on September 28, 2023 , LexisNexis #1123-059

Hayward, In re--Hayward v. United States Dep't of Educ.

Ruling
Department of Education was entitled to summary judgment on a debtor's claim seeking todischarge student loans where the consolidation loans arose after he filed his Chapter 7bankruptcy petition. (Bankr. W.D. Tex.)
Issue(s)
Discharge; Debts Affected.

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Commercial opinion summary, case decided on September 26, 2023 , LexisNexis #1223-017

Luxe Spaces, LLC, In re--Luxe Spaces, LLC v. Quick Funding, LLC

Ruling
Motion to dismiss granted where debtor sufficiently stated a claim that creditor and a secondcompany were a single business enterprise that would be liable for any avoidance judgment.(Bankr. M.D. La.)
Issue(s)
Preferences.

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Commercial opinion summary, case decided on September 06, 2023 , LexisNexis #1023-091