Apr
04
2023
Simmons, In re--Simmons v. Pingora Loan Serv. LLC
Ruling:
Creditor's right to full repayment, whether from insurance proceeds or otherwise, prior to releasing lien, could not be modified in Chapter 13 case. (Bankr. N.D. Ala.)
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Commercial case opionion summary, case decided on April 04,2023, LexisNexis #0623-018
Mar
15
2023
Ingram, In re
Ruling:
Court did not find necessary cause to extend the term of a Chapter 13 plan beyond thirty-six months for the below-median debtor given the tremendous discrepancy between the value of the asset being preserved and the high cost to debtor and estate. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on March 15,2023, LexisNexis #0523-021
Nov
18
2022
Roberts, In re
Ruling:
Creditor failed to establish by a preponderance of the evidence that she delivered or disbursedfunds to the debtor and that he accepted those funds as a loan which could form the basis of avalid claim. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on November 18,2022, LexisNexis #0123-58
Aug
12
2022
Haney, In re
Ruling:
Chapter 7 trustee's attorney was entitled to compensation and expenses as the debtor had notpresented any facts, testimony, evidence, or law that backed up her objection. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on August 12,2022, LexisNexis #1022-024
Mar
07
2022
Karr, In re--Leo v. Deutsche Bank Nat’l Trust Co.
Ruling:
Bank should not expect the appellate court to impose an equitable remedy to correct amortgage the bank had already foreclosed in full satisfaction of its debt. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on March 07,2022, LexisNexis #0522-016
Feb
10
2022
Haney, In re--Haney v. Schilling
Ruling:
Debtor sanctioned as he repeatedly made accusations against the court, the bankruptcyadministrator, and the clerk of the bankruptcy court and had not provided any evidence orproof of any allegation or accusation. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on February 10,2022, LexisNexis #0422-025
Jun
14
2021
Kessler, In re--Hagan v. Kessler
Ruling:
Debtor was denied a discharge as she recorded a mortgage on her property with her husbandas mortgagee and operating as a company that had been out of business for more than 20years. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on June 14,2021, LexisNexis #0821-017
Jun
15
2021
Wilson, In re
Ruling:
Confirmation of debtors' amended plan was denied as the plan did not propose periodicpayments in equal monthly amounts as required by the Bankruptcy Code. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on June 15,2021, LexisNexis #0821-024
Mar
30
2021
Rodriguez, In re--Signal Asset Mgmt., LLC v. Rodriguez
Ruling:
Debt was dischargeable where creditor failed to prove that debtor made a direct, falserepresentation that he engaged in a series of transactions with reckless disregard for the truth.(Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on March 30,2021, LexisNexis #0521-063
Mar
15
2021
Stanford, In re
Ruling:
Chapter 11 case dismissed or converted as the creditor demonstrated conduct thatrepresented gross mismanagement of the estate. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on March 15,2021, LexisNexis #0521-018
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