Dec
08
2014
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.
ABI Membership is required to access the full summary of Thomas v. Educational Credit Mgmt. Corp. (In re Thomas). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 08,2014, LexisNexis #0115-052
Sep
08
2014
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.
ABI Membership is required to access the full summary of Owen v. Garrett Auto Sales LLC (In re Owen). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 08,2014, LexisNexis #1014-009
Jul
28
2014
Morris v. Wells Fargo (In re Morris)
Ruling:
Loan servicer's inadvertent actions did not violate stay.
ABI Membership is required to access the full summary of Morris v. Wells Fargo (In re Morris). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 28,2014, LexisNexis #0814-081
Sep
16
2013
Merchant v. Hill (In re Hill)
Ruling:
Restitution ordered in theft conviction was nondischargeable.
ABI Membership is required to access the full summary of Merchant v. Hill (In re Hill). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 16,2013, LexisNexis #1013-011
Jul
29
2013
Gilliland v. Gilliland (In re Gilliland)
Ruling:
Debtor's obligation to maintain life insurance in favor of former spouse was nondischargeable.
ABI Membership is required to access the full summary of Gilliland v. Gilliland (In re Gilliland). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 29,2013, LexisNexis #0813-088
Mar
29
2013
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.
ABI Membership is required to access the full summary of Stanley v. Stanley (In re Stanley). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 29,2013, LexisNexis #0513-054
Mar
20
2013
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.
ABI Membership is required to access the full summary of Cadles of Grassy Meadows II LLC v. Guthrie (In re Guthrie). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 20,2013, LexisNexis #0413-053
Mar
20
2013
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.
ABI Membership is required to access the full summary of Iberiabank v. Yocum (In re Yocum). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 20,2013, LexisNexis #0413-060
Sep
28
2012
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.
ABI Membership is required to access the full summary of Toffel v. Gardner (In re Gardner). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 28,2012, LexisNexis #1212-023
Sep
27
2012
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.
ABI Membership is required to access the full summary of Allen v. Scott (In re Scott). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 27,2012, LexisNexis #1212-070
Pages
