- 11 U.S.C.
Thomas v. Educational Credit Mgmt. Corp. (In re Thomas)
Dec
08
2014
Ruling
Debtor with good prospects for employment not entitled to an undue hardship discharge of student loan debt.
Issue(s)
Was unemployed debtor with degree in criminal justice entitled to an undue hardship discharge of student loan debt?
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- 11 U.S.C.
Owen v. Garrett Auto Sales LLC (In re Owen)
Sep
08
2014
Ruling
Debtor lacked standing to proceed against creditor for violation of stay for acting against vehicle that was property of the estate.
Issue(s)
Could debtor proceed against creditor for violation of stay by acting against motor vehicle that was property of the estate?
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Morris v. Wells Fargo (In re Morris)
Jul
28
2014
Ruling
Loan servicer's inadvertent actions did not violate stay.
Issue(s)
Did a loan servicer's actions to initiate foreclosure process violate the automatic stay where its foreclosure lawyer did not receive notice of debtor's bankruptcy?
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- 11 U.S.C.
Merchant v. Hill (In re Hill)
Sep
16
2013
Ruling
Restitution ordered in theft conviction was nondischargeable.
Issue(s)
Was restitution ordered as part of criminal sentence for theft nondischargeable.
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- 11 U.S.C.
Gilliland v. Gilliland (In re Gilliland)
Jul
29
2013
Ruling
Debtor's obligation to maintain life insurance in favor of former spouse was nondischargeable.
Issue(s)
Whether a debtor was allowed to discharge an obligation he had to maintain a life insurance policy that designated his former spouse as the sole beneficiary.
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:
- 11 U.S.C.
Stanley v. Stanley (In re Stanley)
Mar
29
2013
Ruling
Debts owed directly to credit card creditor under divorce decree were dischargeable.
Procedural posture
The former wife of the debtor filed an adversary proceeding asserting that several obligations imposed on debtor by the parties' divorce decree were nondischargeable pursuant to 11 U.S.C.S. § 523(a)(15), under the abuse and bad faith provisions of 11 U.S.C.S. § 707(b)(1) and (3). Debtor moved for partial summary judgment.
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- 11 U.S.C.
Cadles of Grassy Meadows II LLC v. Guthrie (In re Guthrie)
Mar
20
2013
Ruling
Judgment for increased litigation costs and attorneys' fees was nondischargeable due to collateral estoppel on issue of willful and malicious conduct.
Procedural posture
After recovering a state court judgment against defendant debtor that debtor was liable to plaintiff creditor for increased litigation costs and attorneys fees totaling $15,663, plaintiff creditor filed an adversary proceeding for a judgment that the obligation was nondischargeable per 11 U.S.C.S. § 523(a)(6) in debtor's chapter 7 case. At issue was whether Alabama's law of collateral estoppel applied to foreclose relitigation of that issue here.
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- 11 U.S.C.
Iberiabank v. Yocum (In re Yocum)
Mar
20
2013
Ruling
Discharge denied due to debtor's refusal to provide information on financial condition.
Procedural posture
Plaintiff bank moved for summary judgment on its complaint that defendant debtor was properly denied a discharge under 11 U.S.C.S. § 727. Debtor then filed a motion to voluntarily dismiss under 11 U.S.C.S. § 707.
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Toffel v. Gardner (In re Gardner)
Sep
28
2012
Ruling
Conveyances made to avoid consequences of several lawsuits avoided as fraudulent.
Procedural posture
Chapter 7 trustee filed a complaint against a debtor's wife and son seeking to avoid and set aside certain real estate transfers as fraudulent conveyances pursuant to 11 U.S.C.S. § 544(b) and Ala. Code §§ 8-9A-4(a) and (c) and 8-9A-5(a) and (b). The trustee also sought a judgment against the wife for her half of the purchase price she received when she sold one of the properties transferred to a good faith purchaser.
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:
- 11 U.S.C.
Allen v. Scott (In re Scott)
Sep
27
2012
Ruling
Debt based on unjust enrichment and breach of fiduciary duty to executrix of debtor's deceased relative's executrix was nondischargeable.
Procedural posture
The executrix of the parties' common relative filed a complaint asserting state law claims for conversion, undue influence, wantonness, felonious injury, and unjust enrichment. The executrix also sought nondischargeability and revocation of discharge of defendant, a chapter 7 debtor, who held a power of attorney from the decedent and had been appointed her guardian and conservator under Alabama law.
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