Judge Caddell

In re White

Ruling: 
Debtor's plan modified to reflect nonexempt proceeds of life insurance policy on life of co- debtor spouse.
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Consumer case opionion summary, case decided on May 16,2014, LexisNexis #0614-100

Lioce v. Heinz (In re Heinz)

Ruling: 
Discharge denied due to lost records and false statements in schedules.
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Consumer case opionion summary, case decided on November 12,2013, LexisNexis #1213-023

Stuart v. Mendenall (In re Mendenall)

Ruling: 
Extension of time to file nondischargeability proceeding ran from original deadline, not date of order.
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Consumer case opionion summary, case decided on July 31,2013, LexisNexis #0813-104

In re Williams

Pursuant to 11 U.S.C.S. § 362(d), a creditor filed a motion to lift the stay on real property that was owned by a chapter 11 debtor as a joint tenant with right of survivorship.
Ruling: 
Relief from stay granted to allow creditor to proceed against jointly owned property in absence of co-debtor stay.
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Consumer case opionion summary, case decided on July 30,2012, LexisNexis #0812-074

Geddes v. Watson (In re Watson)

Plaintiff chapter 13 trustee filed an adversary proceeding against defendants, a chapter 13 debtor and a person who was appointed to administer a decedent's estate, seeking an order requiring defendants to turn over property the debtor had received from the decedent's estate or would receive in the future. The trustee filed a motion for summary judgment.
Ruling: 
Assets debtor received from mother's estate were property of the estate and subject to turnover.
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Consumer case opionion summary, case decided on June 11,2012, LexisNexis #0712-055

Farmers Exch. Bank v. Roden

Plaintiff lender sought a judgment that debtor, the managing member and sole employee of an LLC that was engaged in an equipment leasing business that was financed by plaintiff, was personally liable for LLC's obligation to plaintiff under 11 U.S.C.S. § 523(a)(6) on claims that debtor's conduct in diverting funds that LLC owed to plaintiff to pay other obligations was "willful and malicious" within the meaning of § 523(a)(6).
Ruling: 
Debtor managing member's willful and malicious diversion of funds LLC owed to creditor resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on January 30,2012, LexisNexis #0213-084

North Alabama Bank v. Brooks (In re Brooks)

Plaintiff creditor sought a determination that debt owed it by defendant debtor was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(B).
Ruling: 
False joint financial statement by debtor and nondebtor spouse was properly relied upon by creditor resulting in nondischargeable debt.
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Consumer case opionion summary, case decided on September 19,2011, LexisNexis #1011-088

Nevels v. Caples (In re Caples)

Creditor filed an adversary complaint against defendant debtor to determine dischargeability of a debt pursuant to 11 U.S.C.S. § 523(a)(2), (4) and (6).
Ruling: 
Debtor's reckless day trading of creditor's funds resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on July 07,2011, LexisNexis #0811-083

In re Frank

When a motion to lift the automatic stay was filed by a putative creditor, the trustee objected on the ground that the creditor in fact was not a valid assignee of the mortgage on debtor's residence and thus lacked standing to seek a lift of the stay. Debtor did not challenge standing.
Ruling: 
Relief from stay granted to allow valid mortgage assignee to pursue settlement with debtor allowing for 12-month cure period.
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Consumer case opionion summary, case decided on March 08,2011, LexisNexis #0411-039

Bankston Motor Homes Inc. v. Dennis (In re Dennis)

Plaintiff, the employer of defendant Chapter 7 debtor, sought a determination that the amount of overcompensation paid to the debtor was nondischargeable under 11 U.S.C.S. §§ 523(a)(2)(A), (a)(6), and (a)(4).
Ruling: 
Overpayment caused by debtor was a nondischargeable debt.
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Consumer case opionion summary, case decided on February 17,2011, LexisNexis #0311-048

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