- 11 U.S.C.
Mission Coal Co., LLC, In re
Mar
01
2019
Ruling
Rejection of collective bargaining agreements allowed to preserve jobs and avoid valuedestructive liquidation for all creditors. (Bankr. N.D. Ala.)
Issue(s)
Rejection of Collective Bargaining Agreements.
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- 11 U.S.C.
Hall, In re
Feb
05
2019
Ruling
Adversary proceeding dismissed as defendant LLC properly excluded the $9.75 access fee fromthe finance charge. (Bankr. N.D. Ala.)
Issue(s)
Allowance of Claims or Interests.
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:
- 11 U.S.C.
Adams, In re
Apr
09
2018
Ruling
Court overruled debtor's objection to SSA's proof of claim as his belief that his income for one month should not have been considered because he was within a trial work period did not rise to the level of a substantial factual basis sufficient to overcome the presumption of validity. (Bankr. N.D. Ala.)
Issue(s)
Waiver of Sovereign Immunity; Abrogation; Applicability to Certain Code Sections.
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:
- 11 U.S.C.
New Wei, Inc., In re
Jan
24
2018
Ruling
Claimant was not entitled for allowance and payment of an administrative expense claim asthe employment agreement providing for severance pay under certain conditions was a prepetitioncontract, and as such, any amounts due under the contract were pre-petition claims.(Bankr. N.D. Ala.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Estate Expenses; Preservation of the Estate.
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- 11 U.S.C.
New Wei, Inc., In re
Jan
24
2018
Ruling
Claimant was not entitled for allowance and payment of an administrative expense claim asthe employment agreement providing for severance pay under certain conditions was a prepetitioncontract, and as such, any amounts due under the contract were pre-petition claims.(Bankr. N.D. Ala.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Estate Expenses; Preservation of the Estate.
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Atherotech, Inc., In re--Reynolds v. Behrman
Dec
20
2017
Ruling
Court, under it's discretion, ordered the remand of the case, as the circumstances of the case indicated that such action was proper. (Bankr. N.D. Ala.)
Issue(s)
Removal of Claims Related to Bankruptcy Cases; Remand on Equitable Grounds.
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Brown, In re--Brown v. Williamson & Brown, LLC
Dec
15
2017
Ruling
Court will not sanction defendants as it held that it is not the proper forum for hearing thedebtor's claim against defendants for there were alternative remedies available to debtor.(Bankr. N.D. Ala.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.
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Johnson, In re
Sep
06
2017
Ruling
Punitive damages awarded in favor of the debtor where creditor wilfully violated the automatic stay by intentionally continuing to collect a prepetition debt after receiving knowledge of the debtor's bankruptcy. (Bankr. N.D. Ala.)
Issue(s)
Automatic Stay; Remedies for Violation.
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White, In re
May
18
2017
Ruling
Motion for relief from the automatic stay denied because debtor did not provide falseinformation on her credit application and the proposed lower rate interest was not indicativeof a lack of good faith. (Bankr. N.D. Ala.)
Issue(s)
Automatic Stay; Relief from Stay.
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Becker, In re
Feb
14
2017
Ruling
Creditor was not entitled to an extension of the deadline to file a nondischargeabilitycomplaint as the deadline was an inflexible deadline. (Bankr. N.D. Ala.)
Issue(s)
Determination of Dischargeability of a Debt; Time for Filing Complaint Under § 523(c) in a Chapter 7 Liquidation, Chapter 11 Reorganization, Chapter 12 Family Farmer’s Debt Adjustment Case, or Chapter 13 Individual’s Debt Adjustment Case; Notice of Time Fixed.
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