Judge Cohen

Thomas v. Educational Credit Mgmt. Corp. (In re Thomas)

Ruling: 
Debtor with good prospects for employment not entitled to an undue hardship discharge of student loan debt.
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Consumer case opionion summary, case decided on December 08,2014, LexisNexis #0115-052

Owen v. Garrett Auto Sales LLC (In re Owen)

Ruling: 
Debtor lacked standing to proceed against creditor for violation of stay for acting against vehicle that was property of the estate.
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Consumer case opionion summary, case decided on September 08,2014, LexisNexis #1014-009

Morris v. Wells Fargo (In re Morris)

Ruling: 
Loan servicer's inadvertent actions did not violate stay.
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Consumer case opionion summary, case decided on July 28,2014, LexisNexis #0814-081

Merchant v. Hill (In re Hill)

Ruling: 
Restitution ordered in theft conviction was nondischargeable.
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Consumer case opionion summary, case decided on September 16,2013, LexisNexis #1013-011

Gilliland v. Gilliland (In re Gilliland)

Ruling: 
Debtor's obligation to maintain life insurance in favor of former spouse was nondischargeable.
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Consumer case opionion summary, case decided on July 29,2013, LexisNexis #0813-088

Stanley v. Stanley (In re Stanley)

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), or under the abuse and bad faith provisions of 11 U.S.C.S. § 707(b)(1) and (3). Debtor moved for partial summary judgment.
Ruling: 
Debts owed directly to credit card creditor under divorce decree were dischargeable.
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Consumer case opionion summary, case decided on March 29,2013, LexisNexis #0513-054

Cadles of Grassy Meadows II LLC v. Guthrie (In re Guthrie)

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.
Ruling: 
Judgment for increased litigation costs and attorneys' fees was nondischargeable due to collateral estoppel on issue of willful and malicious conduct.
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Consumer case opionion summary, case decided on March 20,2013, LexisNexis #0413-053

Iberiabank v. Yocum (In re Yocum)

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.
Ruling: 
Discharge denied due to debtor's refusal to provide information on financial condition.
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Consumer case opionion summary, case decided on March 20,2013, LexisNexis #0413-060

Toffel v. Gardner (In re Gardner)

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.
Ruling: 
Conveyances made to avoid consequences of several lawsuits avoided as fraudulent.
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Consumer case opionion summary, case decided on September 28,2012, LexisNexis #1212-023

Allen v. Scott (In re Scott)

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.
Ruling: 
Debt based on unjust enrichment and breach of fiduciary duty to executrix of debtor's deceased relative's executrix was nondischargeable.
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Consumer case opionion summary, case decided on September 27,2012, LexisNexis #1212-070

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