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northern district of alabama

Wilson, In re

Ruling
Confirmation of debtors' amended plan was denied as the plan did not propose periodicpayments in equal monthly amounts as required by the Bankruptcy Code. (Bankr. N.D. Ala.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured

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Consumer opinion summary, case decided on June 15, 2021 , LexisNexis #0821-024

Kessler, In re--Hagan v. Kessler

Ruling
Debtor was denied a discharge as she recorded a mortgage on her property with her husbandas mortgagee and operating as a company that had been out of business for more than 20years. (Bankr. N.D. Ala.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on June 14, 2021 , LexisNexis #0821-017

Rodriguez, In re--Signal Asset Mgmt., LLC v. Rodriguez

Ruling
Debt was dischargeable where creditor failed to prove that debtor made a direct, falserepresentation that he engaged in a series of transactions with reckless disregard for the truth.(Bankr. N.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on March 30, 2021 , LexisNexis #0521-063

Stanford, In re

Ruling
Chapter 11 case dismissed or converted as the creditor demonstrated conduct thatrepresented gross mismanagement of the estate. (Bankr. N.D. Ala.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Consumer opinion summary, case decided on March 15, 2021 , LexisNexis #0521-018

Gunter, In re--First Bank of Linden v. Gunter

Ruling
Debt to bank was dischargeable as bank failed to establish a willful or malicious injury.(Bankr. N.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on February 12, 2021 , LexisNexis #0321-060

Strickland, In re--Bone v. Strickland

Ruling
Debt to conservator charged with managing the affairs of the debtor's mother wasnondischargeable on grounds of larceny. (Bankr. N.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

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Consumer opinion summary, case decided on January 14, 2021 , LexisNexis #0221-061

Karr v. Deutsche Bank Nat'l Trust Co.

Ruling
Bankruptcy court lacked jurisdiction over bank's counterclaims and crossclaims in theChapter 7 trustee's adversary proceeding seeking a declaration of right, title, and interest inproperty. (Bankr. N.D. Ala.)
Issue(s)
Procedures; Title 11 Cases and Core Proceedings.

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Commercial opinion summary, case decided on January 13, 2021 , LexisNexis #0221-072

JTS Trucking LLC, In re--Atl. Southern Contr., Inc. v. JTS Trucking LLC

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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Commercial opinion summary, case decided on November 04, 2020 , LexisNexis #1220-074

Taylor, In re--Sherrod & Brooks, LLC v. Taylor

Ruling
Debtors did not owe any personal obligations under contracts entered into with creditor bytheir LLC that could be the basis for nondischargeable debt. (Bankr. N.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on October 19, 2020 , LexisNexis #1220-010

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