- 28 U.S.C.
JTS Trucking LLC, In re--Atl. Southern Contr., Inc. v. JTS Trucking LLC
Nov
04
2020
Ruling
Mandatory abstention applied to trespass claim against debtor. (Bankr. N.D. Ala.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Mandatory Abstention.
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Court
:
Freeman, In re--Promaxx Performance Prods., LLC v. Freeman
Apr
09
2019
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
Ferguson, In re
Mar
15
2019
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.)
Issue(s)
Sharing of Compensation; Prohibition of Sharing and Agreements to Share.
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Court
:
- 11 U.S.C.
Powers, In re
Aug
28
2018
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.)
Issue(s)
Stay of Action Against Codebtor; Relief from Stay; Payment of Claim Not Proposed in Plan.
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Court
:
- 11 U.S.C.
White, In re
Apr
19
2018
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.)
Issue(s)
Restrictions on Debtor Relief Agencies.
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Court
:
- 11 U.S.C.
Goodson, In re--Goodson v. Goodson
Feb
05
2018
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.)
Issue(s)
Automatic Stay.
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Court
:
- 11 U.S.C.
Mt. Farms, LLC, In re
Feb
14
2017
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.)
Issue(s)
Meetings of Creditors and Equity Security Holders.
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Court
:
Hulslander, In re
Feb
07
2017
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.)
Issue(s)
Relief From Judgment or Order.
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Court
:
Ellswick v. Quantum3 Grp., LLC (In re Ellswick)
Nov
23
2016
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.)
Issue(s)
Proof of Claim; Who May Execute.
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Court
:
- FRBP
Powers v. Henderson (In re Powers)
Apr
15
2016
Ruling
Stay pending appeal of dismissal of debtor's sixth bankruptcy case denied.
Issue(s)
Should debtor be granted a stay pending appeal of the dismissal of debtor's sixth bankruptcy case?
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Court
: