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northern district of alabama

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

Craig, In re

Ruling
Debt owed for waste collection services was not a fine or penalty and not excepted fromdischarge. (Bankr. N.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fines, Penalties, or Forfeitures Owed

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Consumer opinion summary, case decided on November 04, 2019 , LexisNexis #1219-065

Shears, In re--Smith v. Shears

Ruling
Debt was dischargeable where tenant failed to prove that debtor acted willfully andwrongfully in removing debtor’s belongings. (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 October 02, 2019 , LexisNexis #1119-090

Beasley, In re

Ruling
Plan confirmation denied for debtor's lack of candor in state court filings and disregard forstate court orders. (Bankr. N.D. Ala.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Proposed in Good Faith.

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Consumer opinion summary, case decided on July 03, 2019 , LexisNexis #0919-021

Mohammed Jaber, In re--Loay Ebayyah v. Mohammed Jaber

Ruling
Creditor's request to have debt declared nondischargeable denied where he failed to establishthat debtor made false representations. (Bankr. N.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on May 09, 2019 , LexisNexis #0719-063

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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on April 09, 2019 , LexisNexis #0619-087

Dudley, In re

Ruling
Debtor was prohibited from claiming insurance policies as exempt where policies wereexcluded from debtor's estate and the automatic stay did not apply. (Bankr. N.D. Ala.)
Issue(s)
Exemptions.

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Consumer opinion summary, case decided on March 19, 2019 , LexisNexis #0519-060

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.)
Issue(s)
Sharing of Compensation; Prohibition of Sharing and Agreements to Share.

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Consumer opinion summary, case decided on March 15, 2019 , LexisNexis #0519-031