Apr
09
2019
Freeman, In re--Promaxx Performance Prods., LLC v. Freeman
Ruling:
Debt was dischargeable where creditor did not meet its burden of proving that debtorcommitted larceny nor that he willfully or maliciously converted creditor's property. (Bankr.N.D. Ala.)
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Consumer case opionion summary, case decided on April 09,2019, LexisNexis #0619-087
Mar
15
2019
Ferguson, In re
Ruling:
Court concluded that of counsel agreement was a thinly veiled, albeit fully disclosed, attemptto bypass the prohibition against fee sharing. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on March 15,2019, LexisNexis #0519-031
Aug
28
2018
Powers, In re
Ruling:
Creditor's motion for relief from stay against co-debtor granted as debtor's husband was a co-mortgagor with debtor and debtor's plan did not propose to pay the creditor's claim. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on August 28,2018, LexisNexis #1018-055
Apr
19
2018
White, In re
Ruling:
LLC and attorney violated the court's order implementing a settlement agreement when they filed disclosure statements in chapter 7 bankruptcy cases that required payment of fees for legal services they agreed to provide without charge. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on April 19,2018, LexisNexis #0518-100
Feb
05
2018
Goodson, In re--Goodson v. Goodson
Ruling:
Debtor's ex-wife and ex-wife's attorney violated automatic stay as they continued with a civilcontempt proceeding even with knowledge of debtor's bankruptcy filing. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on February 05,2018, LexisNexis #0318-065
Feb
14
2017
Mt. Farms, LLC, In re
Ruling:
Relief from stay was granted where court deemed that there was no stay in effect in propertyas it was not a property of the bankruptcy estate. (Bankr. N.D. Ala.)
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Commercial case opionion summary, case decided on February 14,2017, LexisNexis #0317-063
Feb
07
2017
Hulslander, In re
Ruling:
Relief from judgment denied because the relief the creditor sought would require the court to set aside the debtors' discharge, thereby relieving the creditor of the consequences of not filing a timely proof of claim. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on February 07,2017, LexisNexis #0317-060
Nov
23
2016
Ellswick v. Quantum3 Grp., LLC (In re Ellswick)
Ruling:
Creditor’s failure to include copy of credit agreement with proof of claim did not give rise to aFair Debt Collection Practices Act claim. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on November 23,2016, LexisNexis #1216-087
Apr
15
2016
Powers v. Henderson (In re Powers)
Ruling:
Stay pending appeal of dismissal of debtor's sixth bankruptcy case denied.
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Consumer case opionion summary, case decided on April 15,2016, LexisNexis #0516-070
Sep
29
2015
Brown v. Midland Credit Mgmt. (In re Brown)
Ruling:
Bankruptcy court had jurisdiction over debtor's proceeding alleging creditor violated the Fair Debt Collection Practices Act by filing a proof of claim.
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Consumer case opionion summary, case decided on September 29,2015, LexisNexis #1015-102
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