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Shoulders, In re

Ruling
Motion to reopen to incorporate property sold at tax sale, but allegedly redeemed by debtor, as property of the estate denied absent proof of any redemption. (Bankr. N.D. Ala.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.

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Consumer opinion summary, case decided on December 11, 2024 , LexisNexis #0225-069

Roberts, In re

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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Consumer opinion summary, case decided on November 18, 2022 , LexisNexis #0123-58

West, In re

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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Consumer opinion summary, case decided on January 15, 2020 , LexisNexis #0220-079

Craig, In re

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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Consumer opinion summary, case decided on November 04, 2019 , LexisNexis #1219-065

Easterling, In re--Easterling v. Easterling

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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Consumer opinion summary, case decided on February 08, 2019 , LexisNexis #0319-066

Nix, In re--PNC BANK, N.A. v. Nix

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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Consumer opinion summary, case decided on June 06, 2018 , LexisNexis #0818-048

Floyd v. Floyd (In re Floyd)

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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Consumer opinion summary, case decided on September 27, 2017 , LexisNexis #1117-028

Staggs, In re--Westlake Flooring Co., LLC v. Staggs

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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Consumer opinion summary, case decided on September 22, 2017 , LexisNexis #1017-102

Hines v. Scottsboro Inv. Grp., LLC (In re Hines)

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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Consumer opinion summary, case decided on January 10, 2017 , LexisNexis #0217-033

Edwards Specialties, Inc. v. Olive Props. (In re Edwards)

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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Consumer opinion summary, case decided on July 06, 2016 , LexisNexis #1216-019