Roberts, In re
Nov
18
2022
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.)
Issue(s)
Allowance of Claims or Interests; Objections.
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Court
:
- 11 U.S.C.
West, In re
Jan
15
2020
Ruling
Judicial lien was avoided to the extent it impaired debtors' exemptions. (Bankr. N.D. Ala.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Extent of Impairment; Calculation.
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Court
:
- 11 U.S.C.
Craig, In re
Nov
04
2019
Ruling
Debt owed for waste collection services was not a fine or penalty and not excepted fromdischarge. (Bankr. N.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fines, Penalties, or Forfeitures Owed
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Court
:
Easterling, In re--Easterling v. Easterling
Feb
08
2019
Ruling
Discharge was not denied as debtors explained the loss of three pieces of equipment andcreditors failed to identify any missing records. (Bankr. N.D. Ala.)
Issue(s)
Discharge; Grounds for Denial.
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Court
:
- 11 U.S.C.
Nix, In re--PNC BANK, N.A. v. Nix
Jun
06
2018
Ruling
Debt was nondischargeable under 11 U.S.C. § 523(a)(6) as debtor sold membership units without informing the bank and failed to inform the buyer that the units were pledged to the bank. (Bankr. N.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
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Court
:
- 11 U.S.C.
Floyd v. Floyd (In re Floyd)
Sep
27
2017
Ruling
Debt that arised from an obligation to make mortgage payments deemed dischargeable as itwas a property settlement based on the language of the divorce decree. (Bankr. N.D. Ala.)
Issue(s)
Discharge; Full-Compliance Discharge; Section 523(a) Exceptions Apply.
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Court
:
Staggs, In re--Westlake Flooring Co., LLC v. Staggs
Sep
22
2017
Ruling
Debt owed by the debtor discharged as the creditor failed to show that the debtor acted intentionally to cause injury, embezzled funds, or committed defalcation while acting in a fiduciary capacity. (Bankr. N.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
Hines v. Scottsboro Inv. Grp., LLC (In re Hines)
Jan
10
2017
Ruling
Motion to avoid lien placed by LLC on debtor's home was barred by res judicata. (Bankr. N.D.Ala.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.
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Court
:
- 11 U.S.C.
Edwards Specialties, Inc. v. Olive Props. (In re Edwards)
Jul
06
2016
Ruling
Creditor could set off debtor’s judgment against judgments held against individual andcorporate debtors. (Bankr. N.D. Ala.)
Issue(s)
Setoff.
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Court
:
- 11 U.S.C.
Sithole v. Redstone Fed. Credit Union (In re Bevin Sithole SSN XXX-XX-3690)
Jul
01
2016
Ruling
Second mortgage on residence being rebuilt after tornado was partially secured and could not be avoided.
Issue(s)
Could second mortgage on residence being rebuilt after a tornado be avoided?
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Court
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