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Judge Jessup

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.)
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Consumer case opionion 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.)
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Consumer case opionion 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.)
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Consumer case opionion 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.)
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Consumer case opionion 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.)
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Consumer case opionion 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.)
ABI Membership is required to access the full summary of Edwards Specialties, Inc. v. Olive Props. (In re Edwards). 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 06,2016, LexisNexis #1216-019

Sithole v. Redstone Fed. Credit Union (In re Bevin Sithole SSN XXX-XX-3690)

Ruling: 
Second mortgage on residence being rebuilt after tornado was partially secured and could not be avoided.
ABI Membership is required to access the full summary of Sithole v. Redstone Fed. Credit Union (In re Bevin Sithole SSN XXX-XX-3690). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on July 01,2016, LexisNexis #0716-114

Cole v. Household Fin. (In re Cole)

Plaintiff debtor filed a motion, pursuant to 11 U.S.C.S. § 350, to reopen a chapter 13 bankruptcy case she filed in 2000, and she filed an adversary proceeding against defendants, a finance company and others, claiming that they violated the automatic stay when they filed a foreclosure action on a house her husband owned one hour after she declared bankruptcy.
Ruling: 
Debtor could not reopen case that had been dismissed more than one year earlier absent extraordinary circumstances.
ABI Membership is required to access the full summary of Cole v. Household Fin. (In re Cole). 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 February 07,2008, LexisNexis #0308024
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